Agenda packet — Seaside City Council, May 15, 2025

AMENDED A G E N D A

CITY OF SEASIDE REGULAR MEETING
CITY COUNCIL/SUCCESSOR 440 HARCOURT AVE (COUNCIL CHAMBER) AGENCY TO THE Thursday, May 15, 2025
REDEVELOPMENT AGENCY 5:00 PM
__________________________________________________________________________________ NOTICE: The City Council will hold its public meetings in person, with a virtual option for public participation based on availability. The City of Seaside utilizes Zoom tele-conferencing technology for virtual public participation; however, we make no representation or warranty of any kind, regarding the adequacy, reliability, or availability of the use of this platform in this manner. Participation by members of public through this means is at their own risk. ___________________________________________________________________________________ _________________________________________________________________________________

1. To view this meeting: Please click on the following link to the City of Seaside YouTube Channel: https://www.youtube.com/c/CityofSeasideCalifornia

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Before the Meeting via Email: Written comments can be emailed to [email protected] Include the following subject line: “Public Comment Item #___” (insert the agenda item number relevant to your comment). Written comments must be received by 2:00 p.m. on the day of the meeting.

During the Meeting: When the Chair calls for public comment, members of the public participating in person and wishing to address the City Council may approach the podium when the Chair calls for public comment.

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5. In accordance with the City’s Remote Meeting Participation Policy for Public Comment: The City of Seaside reserves the right to refuse, limit, and/or revoke use of video conferencing technology and the option for virtual public participation. Granting use of the virtual participation in no way constitutes an endorsement of any person or group to display hateful conduct, including sending or posting hateful images, making violent threats, or targeting others with hateful or abusive speech. The City may remove any participate that violates its agreement or applicable policy with proper notice as outlined in the conditions of use/meeting access.

Packet Page 1
City Council REGULAR Meeting May 15, 2025 5:00 PM Agenda Page 2

1. CALL TO ORDER

2. ROLL CALL – ESTABLISHMENT OF QUORUM
Ian N. Oglesby
David R. Pacheco
Alexis Garcia-Arrazola
Rita Burks
Alex Miller
Mayor/Chair
Mayor Pro Tem/Vice Chair
Council/Agency Member
Council/Agency Member
Council/Agency Member

3. INVOCATION AND PLEDGE OF ALLEGIANCE

4. REVIEW OF AGENDA
If there are any items that arose after the 72-hour posting deadline, this is the point in the meeting where a vote may be taken to add the item to the agenda. (A 2/3- majority vote is required).

5. PUBLIC COMMENT
Members of the public wishing to address the City Council on matters within the jurisdiction of the City of Seaside, but not on this agenda, may do so during the Public Comment period for up to three (3) minutes. Public Comments for "Presentations" on this agenda are also taken at this time; comments on specific agenda items are heard under that item. For the public record, please state your name.

6. PUBLIC AGENCY COMMUNICATIONS
This is a time specifically set aside for representatives of public agencies to make brief comments of general interest to the City Council and the community.

A. SEASIDE CITY NEWS BROADCAST OF UPCOMING CITYWIDE EVENTS

AND COMMUNITY ANNOUNCEMENTS

7. PRESENTATIONS
A. RECEIVE A PRESENTATION ON THE TERMS OF THE MEMORANDUM OF

UNDERSTANDING WITH THE SEASIDE BRANCH OF THE MONTEREY

COUNTY FREE LIBRARY AND RECEIVE AND UPDATE ON BRANCH

OPERATIONS (DAN MEEWIS, ASSISTANT CITY MANAGER & DAVID

TAVAREZ, SEASIDE LIBRARY BRANCH MANAGER)
B. RECEIVE A PRESENTATION ON THE PROPOSED HOMEKEY PROJECT+ TO BE LOCATED AT 1875 FREMONT BOULEVARD (DEAN SPARKS, ANABASIS LLC)
C. RECEIVE A PRESENTATION ON THE 2025-2026 STRATEGIC PLAN (MICHELLE SLADE, C4 CONSULTING)
Packet Page 2
City Council REGULAR Meeting May 15, 2025 5:00 PM Agenda Page 3

8. CONSENT AGENDA
A. APPROVE MINUTES FROM APRIL 3, APRIL 17, AND MAY 1, 2025,

REGULAR MEETINGS
RECOMMENDATION: Approve minutes as presented in the agenda packet.

B. APPROVE A PROCLAMATION RECOGNIZING MAY 20, 2025, AS WORLD

BEE DAY
RECOMMENDATION: Approve a proclamation recognizing World Bee Day in the City of Seaside.

C. APPROVE A PROCLAMATION RECOGNIZING MAY 18-24, 2025, AS

NATIONAL PUBLIC WORKS WEEK
RECOMMENDATION: Approve proclamation recognizing National Public Works Week in the City of Seaside.

D. APPROVE A PROCLAMATION AND CO-SPONSORSHIP FOR THE
PACCHETTI DOG PARK 10TH ANNIVERSARY CELEBRATION ON
SATURDAY, JUNE 28, 2025
RECOMMENDATION: Approve the proclamation and the co-sponsorship.

E. APPROVE MAYOR'S YOUTH FUND CONTRIBUTION REQUEST OF
$3,000.00 FROM CALI LEGENDS TRAVEL BASKETBALL PROGRAM TO

ASSIST WITH THE COSTS ASSOCIATED WITH EXPENSES FOR TRAVEL RECOMMENDATION: Approve the request.

F. APPROVE MAYOR'S YOUTH FUND CONTRIBUTION REQUEST OF
$3,000.00 FROM THE VILLAGE PROJECT/THE EMANYATTA SATURDAY

SCHOOL TO ASSIST WITH THE COSTS ASSOCIATED WITH SENDING THEIR STUDENTS TO GHANA, WEST AFRICA, IN JULY 2025
RECOMMENDATION: Approve the request.

G. APPROVE MAYOR'S YOUTH FUND CONTRIBUTION REQUEST OF
$3,000.00 FROM BOOSTERS AT RISING STAR TO ASSIST WITH THE

COSTS ASSOCIATED WITH EXPENSES FOR TRAVEL TO THE NATIONAL

GYMNASTICS CHAMPIONSHIPS IN VIRGINIA BEACH, VIRGINIA ON JUNE 2–7, 2025
RECOMMENDATION: Approve the request.

H. APPROVE A FEE WAIVER FROM SARANGSAM PRISON MINISTRY FOR

THE USE OF THE LAGUNA GRANDE HALL AND KITCHEN FOR THEIR ANNUAL MUSIC FESTIVAL ON OCTOBER 24, 2025, AND OCTOBER 25, 2025, IN THE AMOUNT OF $3,170.85
RECOMMENDATION: Approve the fee waiver request.

Packet Page 3
City Council REGULAR Meeting May 15, 2025 5:00 PM Agenda Page 4 I. APPROVE THE SALE OF SAFE AND SANE FIREWORKS IN THE CITY OF SEASIDE, JUNE 28-JULY 5 BY MONTEREY BAY CHRISTIAN SCHOOL, MONTEREY CONDORS CLUB, WORLD OUTREACH SERVICES, INC.,
SEASIDE AQUATIC CLUB, INC., THE VILLAGE PROJECT, IGLESIA VIDA

CAMINO VERDAD OF THE ASSEMBLIES OF GOD, AND RECOGNIZING

MILITARY SERVICE CENTER
RECOMMENDATION: Approve the non-profit vendor list and locations for the sale of safe and sane fireworks in the City of Seaside from June 28 to July 5.

J. ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A USE AGREEMENT WITH SEASIDE AQUATIC CLUB, INC. FOR A
FIREWORKS BOOTH ON CITY-OWNED PROPERTY LOCATED AT 490

BROADWAY AVENUE
RECOMMENDATION: Adopt the resolution and authorize a use agreement.

K. ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE

A USE AGREEMENT WITH MONTEREY CONDORS CLUB FOR A
FIREWORKS BOOTH ON CITY-OWNED PROPERTY LOCATED AT 1271

CANYON DEL REY BOULEVARD
RECOMMENDATION: Adopt the resolution and authorize a use agreement.

L. ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A USE AGREEMENT WITH WORLD OUTREACH SERVICES, INC. FOR A FIREWORKS BOOTH ON CITY-OWNED PROPERTY LOCATED AT 1561- 1571 DEL MONTE BOULEVARD
RECOMMENDATION: Adopt the resolution and approve the use agreement.

M. ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE

A CONTRACT BETWEEN THE CITY OF SEASIDE AND MONTEREY

PENINSULA UNIFIED SCHOOL DISTRICT TO REIMBURSE THE CITY FOR

PROVIDING AFTER SCHOOL RECREATIONAL PROGRAMMING AT THE

DUAL LANGUAGE ACADEMY OF THE MONTEREY PENINSULA
RECOMMENDATION: Adopt the resolution and approve the contract.

N. ADOPT A RESOLUTION APPROVING THE PURCHASE OF PLAYGROUND

EQUIPMENT FOR THE YOUTH PLAY AREA OF LINCOLN CUNNINGHAM PARK FROM S.P.E.C PLAY (SPECIFIED PLAY EQUIPMENT COMPANY) FOR AN AMOUNT NOT TO EXCEED $326,835.66
RECOMMENDATION: Approve the purchase of playground equipment for Lincoln Cunningham Park.

9. PUBLIC HEARING
A. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEASIDE AMENDING CHAPTER 15.04 BY ADDING SECTION 15.04.190
DESIGNATING FIRE HAZARD SEVERITY ZONES. THIS PROJECT IS NOT Packet Page 4
City Council REGULAR Meeting May 15, 2025 5:00 PM Agenda Page 5

SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
PURSUANT TO SECTION 15061(B)(3) OF THE CEQA GUIDELINES
(SECOND READING - ROLL CALL VOTE)
RECOMMENDATION: Receive public comment and conduct the second reading.

B. AN ORDINANCE AMENDING CHAPTER 3.24 SECTION 121 OF THE

MUNICIPAL CODE TO MODIFY PROCEDURES FOR ALLOCATING
TRANSIENT OCCUPANCY TAX COLLECTED FROM SHORT-TERM RENTALS.

THIS PROJECT IS NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION 15061(B)(3) OF THE CEQA

GUIDELINES (SECOND READING - ROLL CALL VOTE)
RECOMMENDATION: Receive public comment and conduct the second reading.

10. BUSINESS ITEMS
A. APPROVE A REQUEST TO MODIFY THE SCHEDULE OF PERFORMANCE

EXTENDING THE DATE TO CLOSE A HOTEL CONSTRUCTION LOAN FOR THE GRAND HYATT SEASIDE RESORT HOTEL TO JULY 31, 2025, THIS ITEM IS EXEMPT FROM CEQA PURSUANT TO 15061(C)(3)
RECOMMENDATION: Consider the request to extend the date to close a Hotel Construction loan to July 31, 2025.

B. ADOPT A RESOLUTION AUTHORIZING FISCAL YEAR 2025-2026 STREET REPAIR PROJECT LIST TO BE FUNDED IN PART WITH SB1: THE ROAD MAINTENANCE REPAIR AND ACCOUNTABILITY ACT OF 2017 FUNDS,

AND AUTHORIZING STAFF TO SUBMIT TO THE CALIFORNIA

TRANSPORTATION COMMISSION
RECOMMENDATION: Authorize staff to submit a SB 1 Project List to the California Transportation Commission (CTC), and authorize the SB1 Project List to be funded in part with fiscal year (FY) 2025-26 Road Maintenance Repair and Accountability (RMRA) Revenues.

C. ADOPT A RESOLUTION APPROVING THE 2025-2026 STRATEGIC PLAN RECOMMENDATION: Recieve the presentation and approve the 2025-2026 Strategic Plan.

11. COUNCIL MEMBER REQUESTS
A. NEW COUNCIL MEMBER REQUESTS
B. FOLLOW UP ON PREVIOUS REQUESTS

1. City Manager to provide an update on the status of the request for a Boards and Commissions Education and Awareness Campaign.

12. CITY ATTORNEY, CITY MANAGER, CITY COUNCIL AND MAYOR

COMMENTS AND REPORTS ON COMMITTEE ASSIGNMENTS
Packet Page 5
City Council REGULAR Meeting May 15, 2025 5:00 PM Agenda Page 6 This is a time specifically set aside for members of the City Council, the City Manager and City Attorney to make brief comments of general interest to the community and report on committee assignments.

13. CLOSED SESSION
Pursuant to Government Code Section 54956 et seq., the City Council and Successor Agency to Redevelopment Agency may adjourn to a Closed Session to consider specific matters dealing with litigation, certain personnel matters, property negotiations or to confer with the City Attorney. Public comments on these items are taken after being read by the City Attorney. For the public record, please state your name.

A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54956.8
Property: The Property Commonly Referred to As Campus Town (Property bounded by Highway 1/1st Avenue, 7th Avenue, Lightfighter/Colonel Durham Street, and Gigling)
Agency Negotiators: City Manager, et. al
Negotiating Parties: KBB Seaside Venture, et. al. and City of Seaside Under Negotiation: Price, terms of payment or both
B. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE 54956.9 (D)(2)
Two Matters of Potential Litigation

14. ADJOURNMENT
Next Regularly Scheduled Meeting:

June 5, 2025
5:00 p.m.

The City of Seaside is committed to providing accessible facilities and accommodating people with disabilities in all of its services programs and activities. If special considerations are needed by any person to fully participate in this meeting, contact the City Clerk at 899-6707 no fewer than two business days prior to the meeting to allow reasonable arrangements. Agendas are posted at:
http://www.ci.seaside.ca.us/129/City-Council-Committee-Agendas Agenda-related writings or documents provided during public meetings are available for public inspection during the meeting or from the office of the City Clerk. This agenda is posted in compliance with California Governor Newsom's Executive Orders N-29-20 and N-33-20.

Packet Page 6

DRAFT MINUTES

CITY OF SEASIDE REGULAR MEETING
CITY COUNCIL/ SUCCESSOR 440 HARCOURT AVE
AGENCY TO THE Thursday, April 3, 2025
REDEVELOPMENT AGENCY 5:00 PM

1. CALL TO ORDER
Mayor/Chair Oglesby called the meeting to order at 5:00 p.m.

2. ROLL CALL – ESTABLISHMENT OF QUORUM
PRESENT: Burks, Miller, Oglesby, Pacheco
ABSENT: Garcia-Arrazola

3. INVOCATION AND PLEDGE OF ALLEGIANCE
A moment of silence was held. The pledge was led by

4. REVIEW OF AGENDA
No changes.

5. PUBLIC COMMENT
Bobby Maxwell, Dianne Nielson, Peter Kaiser,

6. PUBLIC AGENCY COMMUNICATIONS
A. SEASIDE CITY NEWS BROADCAST OF UPCOMING CITYWIDE

EVENTS AND COMMUNITY ANNOUNCEMENTS
The following events were announced:
• The Patullo Swim Center will be temporarily closed for routine pool cleaning from April 17 to April 21, 2025. During this time, all swim sessions and aquatic programs will be on pause.
• On March 10, the City of Seaside received official notice from the California State Fire Marshal regarding updated Fire Hazard Severity Zone maps. These revised maps identify areas throughout California--including parts of Seaside--as Moderate, High, or Very High fire hazard zones. The update represents the first statewide revision since 2007. For more information visit:
https://www.ci.seaside.ca.us/224/Fire-Prevention
• The Seaside Older Adults Program invites you to the Sock Hop Spring Fling at the Oldemeyer Center on April 17th. Doors open at 11 AM, with lunch served at 11:30, and live music by The Edge from 12:30 to 3 PM. For more details call 831- 899-6809.
• The Seaside Youth Resource Center and Seasiders Classic Car Club are bringing the community together on Saturday, April 26th, 2025, from 11 AM to 5 PM at Laguna Grande Park.

Packet Page 7
Thursday, April 3, 2025 City Council REGULAR Meeting Page 2 • In Seaside, recycling right is more important than ever. But, many residents unknowingly engage in a practice called wish-cycling—placing non-recyclable items in the recycling bin, hoping they’ll be processed. For more details on how to do your part, visit whatgoeswhere.info and help make a difference! • A citywide Community Clean-Up, sponsored by the Neighborhood Improvement Commission, is happening Saturday, April 26, from 8:30 AM to noon. Multiple drop-off locations will be available, and electronics will be accepted—but get there early! Once the bins are full, the clean-up is over. Please note—hazardous materials, mattresses, large appliances, and chemicals will NOT be accepted. This event is for Seaside residents only, and no commercial dumping is allowed. • A low-cost spay and neuter clinic is coming to town. The SNIP Mobile Spay and Neuter Bus will be at 1271 Canyon Del Rey Blvd on April 29, offering $25 sterilizations for cats and dogs. Vaccines and microchipping will also be available.

Remember, appointments are required! Call or text 925-967-1001 to book your spot.
• Join us for the Seagrove Ribbon Cutting Ceremony on Thursday, April 24th, at 10 AM, at 1105 Broadway Ave. Seagrove offers modern 1, 2, and 3-bedroom floor plans with in-unit laundry, energy-efficient appliances, and EV charging stations.

Be part of the celebration as we mark the opening of this exciting new community!
• The City of Seaside and KB-Bakewell invite you to the groundbreaking of the Seaside Campus Town Development on Friday, April 11, 2025, at 11 AM. Join us at the corner of Lightfighter Rd. and Second Avenue for this milestone event. Be part of the future of Seaside! To RSVP, email [email protected]. • The City of Seaside invites you to the Golden Egg Hunt on Saturday, April 19, 2025, from 11 AM to 1 PM at the Oldemeyer Center.
• Everyone’s Harvest, in partnership with Farms Together, is offering FREE boxes of produce at the Seaside Farmer’s Market every Thursday! Please note that the NEW time for produce box distribution is 5 PM to 7 PM, so, mark your calendars, and we’ll see you out at Laguna Grande Park on Thursdays. • Join FOSPA on Saturday, April 5th at Durant Park, and again on April 12th at Capra Park AND Martin Park, for a day of community service and outdoor fun! For more information, including future workdays and locations, visit FriendsOfSeasideParks.org.
• CANCELED The Seaside Police Athletics League and Seaside Recreation invite kids ages 5 to 14 to join the Track & Field League, running from April 7 to May

24. 7. PRESENTATIONS
A. LOCAL ROADWAY SAFETY PLAN (ASSOCIATE ENGINEER, PATRICK

GROGAN)
A presentation provided a review of the Local Roadway Safety Plan “LRSP” that was funded through a Caltrans HSIP grant in the amount of $36,000, and the plan was developed by through the City’s on-call consultant, Parametrix. The final plan was Packet Page 8
Thursday, April 3, 2025 City Council REGULAR Meeting Page 3 delivered in November 2024. The goals, vision zero, partners, data analysis, emphasis areas, road safety strategies, public outreach.

The plan is available at
https://www.ci.seaside.ca.us/documentcenter/view15994/lrsp-combined and the next steps include to integrate recommended roadway safety measures into future projects; Develop project list for emphasis areas; and Work with neighboring municipalities to link roadway safety measures across city limits.

8. CONSENT AGENDA
PUBLIC COMMENT: Eleni Mattheakis
On motion by Council/Agency Member Miller and second by Mayor Pro Tem/Vice Chair Pacheco, and carried by the following vote, the City Council/Successor Agency moved to approve the consent agenda as presented.

RESULT: 4-0-0-1
AYES: Burks, Miller, Oglesby, Pacheco
NOES: None
ABSTAIN: None
ABSENT: Garcia-Arrazola
A. APPROVE MINUTES FROM MARCH 20, 2025 REGULAR MEETING
ACTION: APPROVED
B. APPROVE AND FILE CITY CHECKS
ACTION: APPROVED & FILED
C. APPROVE AND FILE SUCCESSOR AGENCY CHECKS
ACTION: APPROVED & FILED
D. ADOPT A RESOLUTION APPROVING A PROCLAMATION RECOGNIZING APRIL 25, 2025, AS ARBOR DAY AND TO RAISE THE ARBOR FLAG FROM APRIL 25-30, 2025
ACTION: ADOPTED RESO #25-46
E. APPROVE PROCLAMATION RECOGNIZING MAY 1, 2025, AS LAW DAY ACTION: APPROVED
F. APPROVE A FEE WAIVER REQUEST FROM PALENKE ARTS

ORGANIZATION TO USE LAGUNA GRANDE PARK TO HOLD THEIR
NINTH ANNUAL PALENKE ARTS FESTIVAL ON JUNE 1, 2025, IN THE AMOUNT OF $1,268.00
Packet Page 9
Thursday, April 3, 2025 City Council REGULAR Meeting Page 4 ACTION: APPROVED
G. APPROVE MAYOR'S YOUTH FUND CONTRIBUTION REQUEST OF
$1,500.00 FROM SEASIDE HIGH SCHOOL PACIFIC ISLANDERS CLUB TO

ASSIST WITH A SCHOOL TRIP TO TOUR SOUTHERN CALIFORNIA

UNIVERSITIES
ACTION: APPROVED
H. ADOPT A RESOLUTION APPROVING A LEASE AGREEMENT WITH
STEPPING STONE OUTREACH INC. FOR 962 HILBY AVENUE
ACTION: ADOPTED RESO #25-47
I. ADOPT A RESOLUTION AUTHORIZING THE CLOSURE OF CANYON DEL

REY BOULEVARD FOR THREE CITY SPONSORED EVENTS ON SATURDAY, JUNE 14, 2025, FRIDAY, JULY 4, 2025, AND SUNDAY, SEPTEMBER 28, 2025
ACTION: ADOPTED RESO #25-48
J. ADOPT A RESOLUTION APPROVING A PROFESSIONAL SERVICES

AGREEMENT WITH WALLACE GROUP FOR CONSTRUCTION

MANAGEMENT AND INSPECTION SERVICES FOR AN AMOUNT NOT TO EXCEED $70,068.00 FOR THE HILBY AVENUE TRAFFIC CALMING

IMPROVEMENTS PROJECT
ACTION: ADOPTED RESO #25-49

9. PUBLIC HEARING
A. ADOPT A RESOLUTION APPROVING THE 2025-2029 ANALYSIS OF

IMPEDIMENTS TO FAIR HOUSING CHOICE (AI) FOR THE COMMUNITY

DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM
The presentation was provided jointly with Administrative Analyst II, Haroon Noori, and Lisa Baker, California Director of Housing and Community Development. The presentation reviewed the city’s grant to CDBG from the U.S. Department of Housing and Community Development. The AI is used to identify impediment to fair housing access and discusses community housing issues. The public participation in plan development, low to moderate income areas in Seaside, impediments to fair housing and recommended goals were reviewed.

PUBLIC COMMENT: Robert Daniels, Jr., Karla Lobo, Eloise Shim On motion by Mayor Pro Tem/Vice Chair Pacheco and second by Council/Agency Member Burks and carried by the following vote, the City Council/Successor Agency moved to approve the 2025-2029 analysis of impediments to fair housing choice for the Community Development Block Grant.

Packet Page 10
Thursday, April 3, 2025 City Council REGULAR Meeting Page 5 RESULT: 4-0-0-1
AYES: Burks, Miller, Oglesby, Pacheco
NOES: None
ABSTAIN: None
ABSENT: Garcia-Arrazola
ACTION: ADOPTED RESO #25-50
B. AN ORDINANCE TO AMEND CHAPTER 13.24 OF THE MUNICIPAL CODE

TO MODIFY PROCEDURES FOR ALLOCATING WATER TO DEVELOPMENT

PROJECTS
Economic Development & Community Planning Manager, Andy Myrick provided a presentation that chapter 13.24 of the municipal code and the proposed amendments that would standardize procedures and define roles/responsibilities.

Council would establish categories for water usage.

PUBLIC COMMENT: Karla Lobo
On motion by Mayor Pro Tem/Vice Chair Pacheco and second by Council/Agency Member Burks and carried by the following vote, the City Council/Successor Agency moved to approve the first reading of the ordinance amending chapter 13.24 of the municipal code.

RESULT: 4-0-0-1
AYES: Burks, Miller, Oglesby, Pacheco
NOES: None
ABSTAIN: None
ABSENT: Garcia-Arrazola
ACTION: 2ND Reading on April 17, 2025

10. BUSINESS ITEMS
A. ADOPT A RESOLUTION APPROVING THE CODE OF CONDUCT FOR

CITY OF SEASIDE BOARDS AND COMMISSIONS
City Clerk Dominique Davis provided a presentation that reviewed the code of conduct directed by the city council on March 6, 2025 that defines prohibited conduct; outlines suspension/removal procedures; and applies to all boards and commissions.

PUBLIC COMMENT: Bobby Maxwell, Robert Daniels, Jr., Karla Lobo, Eloise Shim, Lora James
On motion by Mayor Pro Tem/Vice Chair Pacheco and second by Council/Agency Member Burks and carried by the following vote, the City Council/Successor Agency Packet Page 11
Thursday, April 3, 2025 City Council REGULAR Meeting Page 6 moved to approve the code of conduct for the city’s boards, commissions, and committees.

RESULT: 4-0-0-1
AYES: Burks, Miller, Oglesby, Pacheco
NOES: None
ABSTAIN: None
ABSENT: Garcia-Arrazola
ACTION: ADOPTED RESO #25-51
B. ADOPT A RESOLUTION AWARDING A CONSTRUCTION CONTRACT TO

MONTEREY PENINSULA ENGINEERING FOR AN AMOUNT NOT TO
EXCEED $446,046.00 FOR THE HILBY AVENUE TRAFFIC CALMING

IMPROVEMENTS PROJECT
Public Works Director/City Engineering Thomas Korman provided a presentation that reviewed the Hilby Avenue traffic calming project, which spans the entire length of Hilby Avenue, approximately 1.5 miles from Canyon Del Rey to General Jim Moore Blvd. The reduced Project scope will install the full design from Canyon Del Rey to Fremont Boulevard which includes centerline and edgeline striping, a speed cushions, red curbing at intersections, and signage as well as a slurry seal and digouts as needed. From Fremont Blvd to General Jim Moore Boulevard (shown in red) the project will install centerline striping, speed cushions (8), red curbing at intersections, and signage. Traffic calming measures removed for this portion of the project include the slurry seal, edge line striping, both crosswalks, and median islands. Once the storm drain improvements are designed, these remaining traffic calming measures will be incorporated into the storm drain project bid documents and will be constructed consecutively.

PUBLIC COMMENT: Bobby Maxwell, Lora James
On motion by Mayor Pro Tem/Vice Chair Pacheco and second by Council/Agency Member Burks and carried by the following vote, the City Council/Successor Agency moved to approve the construction contract to Monterey Peninsula Engineering for the Hilby Ave traffic calming project.

RESULT: 3-1-0-1
AYES: Burks, Oglesby, Pacheco
NOES: Miller
ABSTAIN: None
ABSENT: Garcia-Arrazola
ACTION: ADOPTED RESO #25-52
C. CONSIDER RESOLUTIONS TO MAKE CHANGES TO THE CITY'S WATER

ALLOCATION TABLE AND ESTABLISH PROGRAMS FOR THE ALLOCATION Packet Page 12
Thursday, April 3, 2025 City Council REGULAR Meeting Page 7

OF WATER FOR RESIDENTIAL INFILL PROJECTS AND ACCESSORY

DWELLING UNITS
Economic Development & Community Planning Manager Andy Myrick provided a presentation that reviewed staff proposal for potential allocation programs for Residential Infill Development and ADUs/JADUs.

PUBLIC COMMENT: None
On motion by Council/Agency Member Burks and second by Mayor Pro Tem/Vice Chair Pacheco and carried by the following vote, the City Council/Successor Agency moved to approve the programs for allocation of water for residential infill projects and ADUs.

RESULT: 3-0-0-2
AYES: Burks, Oglesby, Pacheco
NOES: None
ABSTAIN: None
ABSENT: Garcia-Arrazola, Miller
ACTION: ADOPTED RESO #25-53 & #25-54
D. ADOPT A RESOLUTION AUTHORIZING AN INCREASE TO THE CITY ATTORNEY ANNUAL SALARY TO $266,872.00 AND AMENDMENT OF
THE FY 2024-2025 BUDGET
Human Resources Director Samantha Sahkrani provided a presentation that reviewed the increase to the City Attorney’s salary. Since 2022, City Attorney has not received an evaluation nor the scheduled salary increases (15%) for 2022-2025.

On March 27, 2025, Council agreed on a 17% salary increase, and the 17% increase will place salary in a competitive average range and provide the increase not given per contract agreement. The fiscal impact will require a $27,811.72 budget adjustment for the FY 2024-2025
PUBLIC COMMENT: Danny Bakewell Jr., Lisa Sears, Lora James, Lucy A.

On motion by Council/Agency Member Burks and second by Mayor Pro Tem/Vice Chair Pacheco and carried by the following vote, the City Council/Successor Agency moved to approve the increase to the City Attorney’s salary to $266,872.00.

RESULT: 3-0-0-2
AYES: Burks, Oglesby, Pacheco
NOES: None
ABSTAIN: None
ABSENT: Garcia-Arrazola, Miller
ACTION: ADOPTED RESO #25-55
Packet Page 13
Thursday, April 3, 2025 City Council REGULAR Meeting Page 8

11. COUNCIL MEMBER REQUESTS
A. NEW COUNCIL MEMBER REQUESTS
None.

B. FOLLOW UP ON PREVIOUS REQUESTS
City Manager Greg McDanel advised the council that PG&E would make a presentation at the May 1 meeting.

1. Presentation on the lease agreement with Monterey County Libraries (Miller)

2. Receive a presentation from the Monterey County Librarian (Miller)

3. Receive a report about Air-bnb (short term rentals) and affordable housing (Pacheco)

4. Citywide Red Curb/Phased Daylighting Plan (Pacheco)
Each council member provided background as to their request. The Council agreed to add all items to a future agenda.

12. CITY ATTORNEY, CITY MANAGER, CITY COUNCIL AND MAYOR COMMENTS

AND REPORTS ON COMMITTEE ASSIGNMENTS
Reports provided.

13. CLOSED SESSION
City Attorney Sheri Damon read the closed session items and did not anticipate a report.

PUBLIC COMMENT: Nina Beatty
A. PURSUANT TO GOVERNMENT CODE 54957.6 - CONFERENCE WITH

LABOR NEGOTIATORS
Agency Negotiators: Greg McDanel, City Manager; Samantha Sahkrani, Human Resources Director/Risk Manager
Employee Organizations: Seaside Police Officers' Association, Seaside Firefighters' Association, Seaside Public Safety Managers' Association, Seaside City Employees Association, Seaside Managers Employee Association, Non-Represented NonExempt Confidential Employees, Non-Represented Exempt Confidential Employees, Executive Employees, Unclassified Exempt Employees, and Unclassified Non-Exempt Employees
No report.

B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54956.8
Packet Page 14
Thursday, April 3, 2025 City Council REGULAR Meeting Page 9 Property: The Property Commonly Referred to As Campus Town (Property bounded by Highway 1/1st Avenue, 7th Avenue, Lightfighter/Colonel Durham Street, and Gigling)
Agency Negotiators: City Manager, et. al
Negotiating Parties: KBB Seaside Venture, et. al. and City of Seaside Under Negotiation: Price, terms of payment or both
No report.

C. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE 54956.9 (d)(2)
Two Matters of Potential Litigation
This item was removed from the agenda.

14. ADJOURNMENT
With no further business, the meeting adjourned at 9:19 p.m.

Respectfully submitted,
_________________________ _________________________
Dominique L. Davis, City Clerk Ian N. Oglesby, Mayor
Packet Page 15

DRAFT MINUTES

CITY OF SEASIDE REGULAR MEETING
CITY COUNCIL/ SUCCESSOR 440 HARCOURT AVE
AGENCY TO THE Thursday, April 17, 2025
REDEVELOPMENT AGENCY 5:00 PM

1. CALL TO ORDER
Mayor/Chair Oglesby called the meeting to order at 5:00 p.m.

2. ROLL CALL – ESTABLISHMENT OF QUORUM
PRESENT: Burks, Garcia-Arrazola, Miller, Oglesby, Pacheco ABSENT: None

3. INVOCATION AND PLEDGE OF ALLEGIANCE
A moment of silence was held in honor of the victims of the Florida State University school shooting. The pledge was led by Council/Agency Member Garcia-Arrazola.

4. REVIEW OF AGENDA
No changes.

5. PUBLIC COMMENT
Sandra Gray, Jonathan Ahmandi, Ms. Rosales, Jason Campbell, Dianne Nielson, Peter Kaiser, Susan Schiavone, Tiffinie Meyer, Catherine Crockett

6. PUBLIC AGENCY COMMUNICATIONS
A. CAL FIRE HAZARD MAPS PRESENTATION (PAUL BLAHA, INTERIM FIRE CHIEF)
The presentation reviewed the March 10, 2025, transmittal from the State Fire Marshall informing the city that the updated mapping for fire hazard severity zones.

The fire hazard severity zones were defined and advisable defensible space for homeowners were reviewed. Seaside Fire response for initial response to vegetation fires, and the local requirements and timeline were reviewed. https://readyforwildfire.org
B. SEASIDE CITY NEWS BROADCAST OF UPCOMING CITYWIDE

EVENTS AND COMMUNITY ANNOUNCEMENTS
The following events were reviewed:
• Tree Giveaway program - Residents can apply starting April 2025 by visiting bit.ly/seasidefreetree or call 831-899-6800.
• 14th Annual Seaside Earth Day Celebration, Sunday, April 27th from 1 to 4 PM on the Seaside City Hall Lawn!
Packet Page 16
Thursday, April 17, 2025 City Council REGULAR Meeting Page 2 • May 3rd for Red Dress Day 2025—For event details and how to get involved, visit seaside.ca.gov/recreation.
• Draft Climate Action and Adaptation Plan —Public comments are being accepted now through April 28th. To review the plan and submit your input, search “Climate Action 2025” on the City’s Website.
• Fourth Annual Spring Fling! Saturday, April 26th, 2025, from 11 AM to 5 PM at Laguna Grande Park.
• In Seaside, recycling right is more important than ever. But, many residents unknowingly engage in a practice called wish-cycling—For more details on how to do your part, visit whatgoeswhere.info and help make a difference! • A citywide Community Clean-Up, sponsored by the Neighborhood Improvement Commission, Saturday, April 26, from 8:30 AM to noon. • A low-cost spay and neuter clinic is coming to town. The SNIP Mobile Spay and Neuter Bus will be at 1271 Canyon Del Rey Blvd on April 29, offering $25 sterilizations for cats and dogs. Vaccines and microchipping will also be available. Remember, appointments are required! Call or text 925-967-1001. • Seagrove Ribbon Cutting Ceremony on Thursday, April 24th, at 10 AM, at 1105 Broadway Ave.
• Everyone’s Harvest, in partnership with Farms Together, is offering FREE boxes of produce at the Seaside Farmer’s Market every Thursday! Please note that the NEW time for produce box distribution is 5 PM to 7 PM. • FOSPA on Saturday, April 19th at Farallones Park for a day of community service and outdoor fun! For more information, including future workdays and locations, visit FriendsofSeasideParks.org

7. PRESENTATIONS
A. FEBRUARY AND MARCH 2025 HOUSE OF THE MONTH AWARDS
(NEIGHBORHOOD IMPROVEMENT COMMISSION)
Assistant City Manager Dan Meewis introduced NIC members Tiffinie Meyer, Dennis Alexander and Ramona Oleta-Reed to announce the winners (1605 Highland Street and 1614 Kenneth Street), and to present a plaque to the winner of the March House of the Month, Kay Cline, 1614 Kenneth Street.

B. SB 1383 PROGRESS UPDATE PRESENTATION BY GREENWASTE

RECOVERY (BESSIE NICOLAIDES, GREENWASTE OUTREACH

SUPERVISOR)
Administrative Analyst II, Kirstin Van Gend, introduce staff from Greenwaste, that provided a presentation regarding organics processing and hauler updates.

C. PRESCHOOL MURAL SELECTION AND UTILITY BOX ART PROGRAM

SELECTION (RECREATION SUPERVISOR, KEE HYON HIGGINS)
The presentation presented the final murals and utility box art. The Council provided feedback to be incorporated when the projects return for a final decision.

Packet Page 17
Thursday, April 17, 2025 City Council REGULAR Meeting Page 3 D. AFFORDABLE HOUSING FUNDING THROUGH SHORT TERM RENTAL TAX

COLLECTION (JOSE BAZUA, ECONOMIC DEVELOPMENT DIRECTOR)
Finance Director, Jessie Riley, provided a presentation that reviewed the affordable housing revenue and expenditures; Director Bazua responded to questions regarding the housing departments accomplishments.

8. CONSENT AGENDA
Items Pulled: 8K
On motion by Mayor Pro Tem/Vice Chair Pacheco and second by Council/Agency Member Miller and carried by the following vote, the City Council/Successor Agency moved to adopt the consent agenda as presented.

RESULT: 5-0-0-0
AYES: Burks, Garcia-Arrazola, Miller, Oglesby, Pacheco
NOES: None
ABSTAIN: None
ABSENT: None
A. APPROVE PROCLAMATION RECOGNIZING MAY 4-10, 2025, AS

PROFESSIONAL MUNICIPAL CLERK'S WEEK
ACTION: APPROVED
B. APPROVE PROCLAMATION RECOGNIZING MAY 4-10, 2025, AS SMALL

BUSINESS WEEK
ACTION: APPROVED
C. APPROVE PROCLAMATION RECOGNIZING MAY 2025, AS NATIONAL

WATER SAFETY MONTH
ACTION: APPROVED
D. APPROVE PROCLAMATION RECOGNIZING MAY 2025, AS AFFORDABLE

HOUSING MONTH
ACTION: APPROVED
E. APPROVE A PROCLAMATION RECOGNIZING MAY 2025, AS ASIAN

PACIFIC AMERICAN HERITAGE MONTH
ACTION: APPROVED
F. APPROVE PROCLAMATION RECOGNIZING MAY 2025, AS JEWISH

AMERICAN HERITAGE MONTH
ACTION: APPROVED
Packet Page 18
Thursday, April 17, 2025 City Council REGULAR Meeting Page 4 G. APPROVE MAYOR'S YOUTH FUND CONTRIBUTION REQUEST OF
$3,000.00 FROM SEASIDE MIDDLE SCHOOL NATIONAL HISTORY DAY

PROGRAM TO ASSIST WITH THE COSTS ASSOCIATED WITH MATERIALS

FOR THEIR PROJECTS AND TRANSPORTATION, FOOD, AND

ACCOMMODATIONS FOR THE STATE COMPETITION
ACTION: APPROVED
H. APPROVE MAYOR'S YOUTH FUND CONTRIBUTION REQUEST OF
$1,500.00 FROM MONTEREY LULAC 2895 TO ASSIST WITH THE COST

ASSOCIATED WITH SENDING THEIR YOUTH GROUP TO THE

CALIFORNIA LULAC STATE CONVENTION YOUTH LEADERSHIP

CONSORTIUM
I. APPROVE A FEE WAIVER FROM MONTEREY PENINSULA RAMAYAN

MANDALI FOR THE USE OF THE LAGUNA GRANDE HALL AND KITCHEN FOR THEIR DIWALI NIGHT EVENT ON SEPTEMBER 27, 2025, IN THE AMOUNT OF $618.75
ACTION: APPROVED
J. APPROVE ENVIRONMENTAL SERVICES COOPERATIVE AGREEMENT (ESCA) REPORT COVERING ACTIVITIES FROM JANURY THROUGH
MARCH 2025
ACTION: APPROVED
K. ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXTEND

THE AGREEMENT FOR PROFESSIONAL SERVICES WITH EVERYONE'S

HARVEST FOR THE OPERATION OF SEASIDE'S CERTIFIED FARMERS MARKET YEAR ROUND FOR A NOT TO EXCEED AMOUNT OF $34,800.00

A YEAR FOR A TERM OF TWO YEARS
ACTION: ADOPTED RESO #25-56
L. ADOPT A RESOLUTION AUTHORIZING THE CLOSURE OF DEL MONTE

AVENUE TO THROUGH TRAFFIC FROM TIOGA AVENUE TO THE

BEGINNING OF THE GRANITE ROCK BUILDING FOR THE CLASSIC
PORSCHE EVENT ON AUGUST 11, 2025
ACTION: ADOPTED RESO #25-57
M. ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO AWARD

A PROFESSIONAL SERVICES AGREEMENT IN THE AMOUNT OF
$49,958.00 FOR PUBLIC WORKS INFRASTRUCTURE ASSET DATA
COLLECTION SERVICES TO NCE, INC.

ACTION: ADOPTED RESO #25-58
Packet Page 19
Thursday, April 17, 2025 City Council REGULAR Meeting Page 5 N. ADOPT A RESOLUTION OF THE ADMINISTRATIVE ANALYST II

POSITION ASSIGNED TO THE ENVIRONMENTAL SERVICES

COOPERATIVE AGREEMENT (ESCA) TO BE RETURNED AND ADDED TO

THE UNCLASSIFIED COMPENSATION PLAN AS THE PROGRAM

COORDINATOR (ESCA) POSITION AND MODIFY THE POSITION

ALLOCATION LIST TO REFLECT THE CHANGES
ACTION: ADOPTED RESO #25-59
O. ADOPT A RESOLUTION TO CORRECT THE ANNUAL APPROPRIATION LIMIT FOR FISCAL YEAR 2024-2025
ACTION: ADOPTED RESO #25-60
P. REVIEW AND TAKE ACTION ON TRAFFIC ADVISORY COMMITTEE

RECOMMENDATIONS FOR RED CURB REQUESTS
ACTION: APPROVED
Q. REVIEW AND TAKE ACTION ON TRAFFIC ADVISORY COMMITTEE

RECOMMENDATIONS FOR A SECOND DRIVEWAY REQUEST AND A

GREEN CURB
ACTION: APPROVED (Denial at 1496 Judson, and approval for 1679 Soto)

9. PUBLIC HEARING
A. AN ORDINANCE TO AMEND CHAPTER 13.24 OF THE MUNICIPAL CODE

TO MODIFY PROCEDURES FOR ALLOCATING WATER TO DEVELOPMENT

PROJECTS (SECOND READING - ROLL CALL VOTE)
Economic & Community Development Planning Manager, Andy Myrick, provided a presentation of the ordinance that proposes to standardize procedures and define roles/responsibilities, establish categories for water, and sets the framework for council to adopt programs to define when, how and by whom the water could be allocated.

Public Comment: None
On motion by Mayor Pro Tem/Vice Chair Pacheco and second by Council/Agency Member Garcia-Arrazola and carried by the following vote, the City Council/Successor Agency moved to adopt an ordinance amending chapter 13.24 of the SMC.

RESULT: 5-0-0-0
AYES: Burks, Garcia-Arrazola, Miller, Oglesby, Pacheco
NOES: None
ABSTAIN: None
Packet Page 20
Thursday, April 17, 2025 City Council REGULAR Meeting Page 6 ABSENT: None
ACTION: ADOPTED ORDINANCE #
B. INTRODUCTION OF AN ORDINANCE AMENDING TITLE 2

ADMINISTRATION AND PERSONNEL OF THE SEASIDE MUNICIPAL

CODE FOR THE PURPOSE OF UPDATING CHAPTERS REGARDING

BOARDS AND COMMISSIONS, CORRECTING TYPOS, MISNUMBERED

CODE SECTIONS, SENTENCE STRUCTURE, MISSING DEFINITIONS,

CLARIFICATIONS, PROPOSED TEXT AMENDMENTS, COMPENSATION OF THE MAYOR AND CITY COUNCIL, AND MAKE APPROPRIATE FINDINGS.

IN ACCORDANCE WITH CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES THE PROPOSED AMENDMENTS ARE EXEMPT PER 15061(b)(3) (FIRST READING - ROLL CALL VOTE)
HR Director/Risk Manager Samantha Sahkrani, and City Clerk Dominique Davis presented the item regarding compensation for the mayor and city council, and updates to SMC sections related to Boards & Commissions.

PUBLIC COMMENT: Peter Kaiser, Karla Lobo, Eloise Shim
On motion by Mayor Pro Tem/Vice Chair Pacheco and second by Council/Agency Member Miller and carried by the following vote, the City Council/Successor Agency moved to approve the first reading of the amendments to Title 2 regarding Boards and Commissions with edits to 2.14.040 to clarify that re-appointments are conducted in January of each year, and 2.14.230 should also indicate that commissioners that become qualified candidate for the office of mayor or the city council that they should be placed on an automatic excused leave of absence.

RESULT: 5-0-0-0
AYES: Burks, Garcia-Arrazola, Miller, Oglesby, Pacheco
NOES: None
ABSTAIN: None
ABSENT: None
On motion by Council/Agency Member Miller and second by Council/Agency Member Burks and carried by the following vote, the City Council/Successor Agency moved to approve the first reading of the amendments to Title 2 regarding the compensation of city council and establishing a stipend of $2,400/month and a $300/month car allowance for the mayor.

RESULT: 4-1-0-0
AYES: Burks, Garcia-Arrazola, Miller, Oglesby
NOES: Pacheco
ABSTAIN: None
ABSENT: None

10. BUSINESS ITEMS
Packet Page 21
Thursday, April 17, 2025 City Council REGULAR Meeting Page 7 A. ANNUAL REPORT AB 481 REGARDING THE POLICE DEPARTMENTS

ACQUISITION AND USE OF MILITARY EQUIPMENT
Commander Matt Doza provided a presentation that reviewed the requirements as prescribed in AB 481 and CA Government Code section 7071.

PUBLIC COMMENT: Peter Kaiser, Karla Lobo
On motion by Mayor Pro Tem/Vice Chair Pacheco and second by Council/Agency Member Garcia-Arrazola and carried by the following vote, the City Council/Successor Agency moved to approve the use of current equipment defined in AB 481.

RESULT: 5-0-0-0
AYES: Burks, Garcia-Arrazola, Miller, Oglesby, Pacheco
NOES: None
ABSTAIN: None
ABSENT: None
ACTION: Adopted Reso #25-61
B. ADOPT A RESOLUTION AUTHORIZING AMENDMENT OF THE

PROFESSIONAL SERVICES AGREEMENT WITH HARRIS & ASSOCIATES

OF THE CAMPUS TOWN PHASE I DEMOLITION DESIGN PROJECT (AG 2021-040) ADDING PHASE IB WORK IN THE AMOUNT OF $215,254.00

TO BE PAID FOR BY THE FORT ORD REUSE AUTHORITY BONDS
Public Works Director/City Engineer Thomas Korman provided a presentation reviewed the Campus Town demolition and the current schedule that corresponds with the revised phasing plan.

PUBLIC COMMENT: None
On motion by Mayor Pro Tem/Vice Chair Pacheco and second by Council/Agency Member Garcia-Arrazola and carried by the following vote, the City Council/Succesor Agency moved to authorize the amendment to the PSA with Harris & Associates for Campus Town Phase 1 demolition project.

RESULT: 5-0-0-0
AYES: Burks, Garcia-Arrazola, Miller, Oglesby, Pacheco
NOES: None
ABSTAIN: None
ABSENT: None
ACTION: Adopted Reso #25-62

11. COUNCIL MEMBER REQUESTS
Packet Page 22
Thursday, April 17, 2025 City Council REGULAR Meeting Page 8 A. NEW COUNCIL MEMBER REQUESTS

1. Proclamation and co-sponsor an event for Pachetti Dog Parks 10 year anniversary (Miller)

2. Boards and Commissions education and awareness Campaign (Burks) B. FOLLOW UP ON PREVIOUS REQUESTS

12. CITY ATTORNEY, CITY MANAGER, CITY COUNCIL AND MAYOR COMMENTS

AND REPORTS ON COMMITTEE ASSIGNMENTS
Reports provided.

13. CLOSED SESSION
City Attorney Sheri Damon read the closed session items and did not anticipate a report.

PUBLIC COMMENT: Karla Lobo
A. PURSUANT TO GOVERNMENT CODE 54957.6 - CONFERENCE WITH

B. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54956.8
Property: The Property Commonly Referred to As Campus Town (Property bounded by Highway 1/1st Avenue, 7th Avenue, Lightfighter/Colonel Durham Street, and Gigling)
Agency Negotiators: City Manager, et. al
Negotiating Parties: KBB Seaside Venture, et. al. and City of Seaside Under Negotiation: Price, terms of payment or both
No report.

C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8:

Packet Page 23
Thursday, April 17, 2025 City Council REGULAR Meeting Page 9 Property: Golf Course Hotel parcel located at 1 McClure Way, Seaside, CA 93955 Agency Negotiators: City Manager and City Attorney
Negotiating Parties: City of Seaside and KDG
Under Negotiation: Price, Terms of Payment, or both
No report.

D. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE 54956.9 (d)(2)
Two Matters of Potential Litigation
No report.

14. ADJOURNMENT
With no further business, the meeting adjourned at 10:50 p.m.

Respectfully submitted,
_________________________ _________________________
Dominique L. Davis, City Clerk Ian N. Oglesby, Mayor
Packet Page 24

DRAFT MINUTES

CITY OF SEASIDE REGULAR MEETING
CITY COUNCIL/ SUCCESSOR 440 HARCOURT AVE
AGENCY TO THE Thursday, May 1, 2025
REDEVELOPMENT AGENCY 5:00 PM

1. CALL TO ORDER
Mayor/Chair Oglesby called the meeting to order at 5:00 p.m.

2. ROLL CALL – ESTABLISHMENT OF QUORUM
PRESENT: Burks, Garcia-Arrazola, Miller, Oglesby, Pacheco ABSENT: None

3. INVOCATION AND PLEDGE OF ALLEGIANCE
A moment of silence was held. The pledge was led by Mayor Pro Tem/Vice Chair Pacheco.

4. REVIEW OF AGENDA
Item 13A was removed from the agenda (CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE 54957.6).

5. PUBLIC COMMENT
Thomas Amanti, Peter Kaiser, Ashley Chesney, Lynda Cunningham, Ann Marie Pagan

6. PUBLIC AGENCY COMMUNICATIONS
A. SEASIDE CITY NEWS BROADCAST OF UPCOMING CITYWIDE

EVENTS AND COMMUNITY ANNOUNCEMENTS
The following events were announced:
• The City of Seaside is giving away free trees to local residents as part of its annual Tree Giveaway program. The initiative aims to boost the city’s tree canopy and bring more shade, beauty, and environmental benefits to our neighborhoods.

Residents can apply starting April 2025 by visiting bit.ly/seasidefreetree or call 831-899-6800.
• May 15th, from 10 AM to 2 PM, the Seaside Youth Resource Center will be hosting a career and job fair at Oldemeyer Center! For more information, and to confirm participation, call 831-899-6870.
• May 3rd, Supporting Indigenous Communities Group presents Red Dress Day at Oldemeyer Center from 11am – 3:30pm.
• The Monterey Peninsula Unified School District is inviting families, students, and community members to participate in Facilities Master Planning Community Nights. For more details, visit mpusd.net or call 831-645-1269.

Packet Page 25
Thursday, May 1, 2025 City Council REGULAR Meeting Page 2 • Draft Climate Action and Adaptation Plan — Public comments are being accepted now through April 28th. To review the plan and submit your input, search “Climate Action 2025” on the City’s Website.
• In Seaside, recycling right is more important than ever. But, many residents unknowingly engage in a practice called wish-cycling—placing non-recyclable items in the recycling bin, hoping they’ll be processed. For more details on how to do your part, visit whatgoeswhere.info and help make a difference! • May 17th, from 12 to 3 PM at Laguna Grande Park, join the Seaside Family & Community Support Program’s annual event. For more information, call 831-899- 6800.
• Everyone’s Harvest, in partnership with Farms Together, is offering FREE boxes of produce at the Seaside Farmer’s Market every Thursday! Please note that the NEW time for produce box distribution is 5 PM to 7 PM.
• Join FOSPA on Saturday, May 3rd at Havana Soliz Park, and on the 10th at Mescal Neil Park, for a day of service and outdoor fun! For more information, including future workdays and locations, visit FriendsOfSeasideParks.org

7. PRESENTATIONS
A. PG&E COMMUNITY OUTREACH AND NOTIFICATION PROTOCOLS FOR

PLANNED AND UNPLANNED SERVICE IMPACTS (JEREMY HOWARD,

SENIOR REGIONAL MANAGER AND JAZMINE VENEGAS, CENTRAL
COAST GOVERNMENT AFFAIRS REP.)
The presentation reviewed the outage notifications summary, outage notification improvements for planned and unplanned outages, future outage notifications improvements and how cities and counties are notified.

B. UPDATE ON PUBLIC WORKS PROJECTS (ANDREAS BAER, ASSISTANT

PUBLIC WORKS DIRECTOR)
The presentation provided a review of projects recently completed, in construction, and in design.

8. CONSENT AGENDA
On motion by Mayor Pro Tem/Vice Chair Pacheco and second by Council/Agency Member Garcia-Arrazola and carried by the following vote, the City Council/Successor Agency moved to approve the consent agenda as presented.

RESULT: 5-0-0-0
AYES: Burks, Garcia-Arrazola, Miller, Oglesby, Pacheco
NOES: None
ABSTAIN: None
ABSENT: None
A. APPROVE A PROCLAMATION RECOGNIZING MAY 23, 2025, AS

NATIONAL POPPY DAY
Packet Page 26
Thursday, May 1, 2025 City Council REGULAR Meeting Page 3 ACTION: APPROVED
B. APPROVE A FEE WAIVER REQUEST FROM THE VILLAGE PROJECT INC.

FOR THE USE OF THE CITY'S MOBILE STAGE FOR THEIR FUNDRAISER ON SATURDAY, MAY 10, 2025
ACTION: APPROVED
C. ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO AWARD

THREE PROFESSIONAL SERVICES AGREEMENTS IN THE AMOUNT OF $300,000.00 EACH FOR ON-CALL ARCHITECTURE AND STRUCTURAL ENGINEERING PROFESSIONAL SERVICES FOR PROJECTS TO (1)
ANDREW GOODWIN DESIGNS; (2) ROESLING NAKAMURA TERADA
ARCHITECTS; AND (3) OMNI DESIGN
ACTION: ADOPTED RESO #25-63
D. ADOPT A RESOLUTION APPROVING A BUDGET AMENDMENT OF
$200,000.00 IN MEASURE X FUNDS FOR THE CITYWIDE CDBG ADA

CURB RAMP PROJECT FOR A TOTAL PROJECT BUDGET NOT-TO-EXCEED $540,000.00 FOR CONSTRUCTION OF ADDITIONAL CURB RAMPS
ACTION: ADOPTED RESO #25-64

9. PUBLIC HEARING
A. AN ORDINANCE AMENDING TITLE 2 ADMINISTRATION AND

PERSONNEL OF THE SEASIDE MUNICIPAL CODE FOR THE PURPOSE OF

UPDATING CHAPTERS REGARDING BOARDS AND COMMISSIONS,

CORRECTING TYPOS, MISNUMBERED CODE SECTIONS, SENTENCE

STRUCTURE, MISSING DEFINITIONS, CLARIFICATIONS, PROPOSED

TEXT AMENDMENTS, COMPENSATION OF THE MAYOR AND CITY
COUNCIL, AND MAKE APPROPRIATE FINDINGS. IN ACCORDANCE WITH

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES THE PROPOSED AMENDMENTS ARE EXEMPT PER 15061(b)(3) (SECOND

READING - ROLL CALL VOTE)
Dominique Davis, City Clerk, provided brief overview of the changes discussed at previous hearings, and reviewed the implementation and next steps.

PUBLIC COMMENT: None
On motion by Council/Agency Member Garcia-Arrazola and second by Mayor Pro Tem/Vice Chair Pacheco and carried by the following vote, the City Council/Successor Agency moved to approve the amendments to chapter 2.14 of the Seaside Municipal Code.

RESULT: 5-0-0-0
AYES: Burks, Garcia-Arrazola, Miller, Oglesby, Pacheco
Packet Page 27
Thursday, May 1, 2025 City Council REGULAR Meeting Page 4 NOES: None
ABSTAIN: None
ABSENT: None
ACTION: ADOPTED ORDINANCE #2033
Samantha Sahkrani, Human Resources Director, reviewed the proposed increase to the city council compensation to $2,400.00 a month, and an additional $300.00 a month vehicle stipend payable to the Mayor.

PUBLIC COMMENT: Ray Riordan
On motion by Council/Agency Member Miller and second by Council/Agency Member Burks and carried by the following vote, the City Council/Successor Agency moved to Increase the compensation of the Mayor and City Council to $2,400.00 a month, and an additional $300.00 a month vehicle stipend payable to the Mayor.

RESULT: 4-1-0-0
AYES: Burks, Garcia-Arrazola, Miller, Oglesby
NOES: Pacheco
ABSTAIN: None
ABSENT: None
ACTION: ADOPTED ORDINANCE #2034
B. INTRODUCTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEASIDE AMENDING CHAPTER 15.04 BY ADDING SECTION

15.04.190 DESIGNATING FIRE HAZARD SEVERITY ZONES. THIS

PROJECT IS NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT PURSUANT TO SECTION 15061(b)(3) OF THE CEQA

GUIDELINES (FIRST READING - ROLL CALL VOTE)
Interim Fire Chief Paul Blaha provided a presentation that reviewed the action the city must take per Government Code Sections 51175-51189 to identify, adopt, and enforce moderate, high, and very high fire hazard severity zones within local responsibility areas as designated by the Office of the State Fire Marshal.

PUBLIC COMMENT: Peter Kaiser, Bobby Maxwell
On motion by Council/Agency Member Burks and second by --- and carried by the following vote, the City Council/Successor Agency moved to approve the first reading of amending chapter 15.04 designating fire hazard severity zones.

RESULT: 5-0-0-0
AYES: Burks, Garcia-Arrazola, Miller, Oglesby, Pacheco
NOES: None
ABSTAIN: None
ABSENT: None
Packet Page 28
Thursday, May 1, 2025 City Council REGULAR Meeting Page 5 ACTION: SECOND READING ON MAY 15, 2025
C. ADOPT A RESOLUTION TO AMEND THE WEST BROADWAY URBAN

VILLAGE SPECIFIC PLAN TO PROHIBIT THE SALES OF FIREARMS AND AMMUNITION WITHIN THE WEST BROADWAY URBAN VILLAGE. THIS

PROJECT IS NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT PURSUANT TO SECTION 15061(b)(3) OF THE CEQA

GUIDELINES
Andrew Myrick, Economic & Community Development Planning Manager, provided a presentation reviewing the area of the WBUV where the proposed prohibition of the sales of firearms and ammunition within its boundaries. The Planning Commission reviewed the proposed amendment on April 23, 2025, and recommended unanimously that the Council adopt the specific plan amendment.

PUBLIC COMMENT: Peter Kaiser, Rufus DeRouen, Ann Marie Pagan, Lynda Cunningham, Dennis Alexander
On motion by Council/Agency Member Miller and second by Mayor Pro Tem/Vice Chair Pacheco and carried by the following vote, the City Council/Successor Agency moved to approve to amend the WBUV to prohibit the sales of firearms and ammunition.

RESULT: 5-0-0-0
AYES: Burks, Garcia-Arrazola, Miller, Oglesby, Pacheco
NOES: None
ABSTAIN: None
ABSENT: None
ACTION: ADOPTED RESO #25-65
D. INTRODUCTION OF AN ORDINANCE AMENDING CHAPTER 3.24
SECTION 121 OF THE MUNICIPAL CODE TO MODIFY PROCEDURES FOR ALLOCATING TRANSIENT OCCUPANCY TAX COLLECTED FROM SHORTTERM RENTALS. THIS PROJECT IS NOT SUBJECT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION 15061(b)(3)

OF THE CEQA GUIDELINES (FIRST READING - ROLL CALL VOTE) Finance Director Jessica Riley provided a presentation that reviewed the background of the creation of the ordinances of the chapter that established the procedures for allocating Transit Occupancy Tax, a review of the Short-Term Rental (STR) historical revenue summary, proposed modifications of 35% of net funds to the neighborhood park improvements as recommended by the Neighborhood Improvement Commission, 15% of net funds to be used as determined by the City Council; and 50% of the allocation of net funds to affordable housing.

Packet Page 29
Thursday, May 1, 2025 City Council REGULAR Meeting Page 6 PUBLIC COMMENT: Dianne Nielson, Ramona Oleta-Reed, Dennis Alexander, Ray Riordan, Rufus DeRouen, Martha Henry
On motion by Council/Agency Member Burks and second by Council/Agency Member Garcia-Arrazola and carried by the following vote, the City Council/Successor Agency moved to approve the first reading of the ordinance amending chapter 3.24.121 RESULT: 3-2-0-0
AYES: Burks, Garcia-Arrazola, Oglesby
NOES: Miller, Pacheco
ABSTAIN: None
ABSENT: None
ACTION: SECOND READING ON MAY 15, 2025

10. BUSINESS ITEMS
A. ADOPT A RESOLUTION TO ESTABLISH A PROGRAM FOR THE

ALLOCATION OF WATER FOR SMALL COMMERCIAL PROJECTS
Andrew Myrick, Economic & Community Development Planning Manager, provided a presentation reviewing the background that included the allocation of water the city receives from Monterey Peninsula Water Management District (MPWMD), that the city has the ability to allocate the allocated water as deemed appropriate, the ordinance adopted on April 17, 2025, and that a revised Small Business Program is needed by May 18, 2025; and reviewed current water allocation, commercial projects program, and the small business program.

PUBLIC COMMENT: None
On motion by Council/Agency Member Garcia-Arrazola and second by Council/Agency Member Miller and carried by the following vote, the City Council/Successor Agency moved to establish a program for the allocation of water for small commercial projects.

RESULT: 5-0-0-0
AYES: Burks, Garcia-Arrazola, Miller, Oglesby, Pacheco
NOES: None
ABSTAIN: None
ABSENT: None
ACTION: ADOPTED RESO #25-66

11. COUNCIL MEMBER REQUESTS
A. NEW COUNCIL MEMBER REQUESTS
None
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Thursday, May 1, 2025 City Council REGULAR Meeting Page 7 B. FOLLOW UP ON PREVIOUS REQUESTS

1. Pacchetti Dog Park 10th Anniversary Proclamation and event support (Miller)

2. Boards and Commissions Education and Awareness Campaign (Burks) City Manager Greg McDanel provided updates that there will be presentation regarding the library lease and activities on May 15, and a presentation of the city’s strategic plan on May 15.

The council agreed to have the two items suggested added to the next agenda.

12. CITY ATTORNEY, CITY MANAGER, CITY COUNCIL AND MAYOR COMMENTS

AND REPORTS ON COMMITTEE ASSIGNMENTS
Reports provided.

13. CLOSED SESSION
City Attorney Sheri Damon read the closed session items, and did not anticipate a report out.

A. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO
GOVERNMENT CODE 54957.6
Agency Negotiators: Greg McDanel, City Manager; Samantha Sahkrani, Human Resources Director/Risk Manager
Employee Organizations: Seaside Police Officers' Association, Seaside Firefighters' Association, Seaside Public Safety Managers' Association, Seaside City Employees Association, Seaside Managers Employee Association, Non-Represented NonExempt Confidential Employees, Non-Represented Exempt Confidential Employees, Executive Employees, Unclassified Exempt Employees, and Unclassified Non-Exempt Employees
Removed from the agenda.

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Thursday, May 1, 2025 City Council REGULAR Meeting Page 8 C. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8:

Property: Golf Course Hotel parcel located at 1 McClure Way, Seaside, CA 93955 Agency Negotiators: City Manager and City Attorney
Negotiating Parties: City of Seaside and KDG
Under Negotiation: Price, Terms of Payment, or both
No report.

D. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9
Monterey County Superior Court
Case Number: 24CV002483
Case Name: Landwatch and Center for Biological Diversity, et al. v. City of Seaside
No report.

E. CONFERENCE WITH LEGAL COUNSEL PURSUANT TO GOVERNMENT CODE 54956.9 (d)(2)
Two Matters of Potential Litigation
No report.

14. ADJOURNMENT
With no further business the meeting adjourned the memory and honor of Mrs.

Chester Viola McClair at 10:04 p.m.

Respectfully submitted,
_________________________ _________________________
Dominique L. Davis, City Clerk Ian N. Oglesby, Mayor
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.B.

TO: City Council
FROM: Greg McDanel, City Manager
BY: Kirstin van Gend, Administrative Analyst II
DATE: May 15, 2025
SUBJECT: APPROVE A PROCLAMATION RECOGNIZING MAY 20, 2025, AS

WORLD BEE DAY

RECOMMENDATION
Approve a proclamation recognizing World Bee Day in the City of Seaside.

BACKGROUND
The City of Seaside became a BEE CITY Affiliate on April 4, 2019 and recognizes the critical role that bees and other pollinators play in maintaining a healthy ecosystem, supporting biodiversity, and contributing to food security by pollinating over 75% of the world’s food crops.

FISCAL IMPACT
None.

STRATEGIC PRIORITY

ATTACHMENTS

1. 2025 Proclamation for World Bee Day
Reviewed for Submission to the City Council by:

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Item No. 8.B. Page 2 of 2
____________________________________
Greg McDanel, City Manager
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City of Seaside

PROCLAMATION
World Bee Day
May 20th, 2025
WHEREAS, the City of Seaside recognizes the critical role that bees and other pollinators play in maintaining a healthy ecosystem, supporting biodiversity, and contributing to food security by pollinating over 75% of the world’s food crops; and WHEREAS, the City of Seaside became a BEE CITY USA Affiliate on April 4, 2019 and committed to increase pollinator awareness and create supporting habitats; and WHEREAS, World Bee Day, observed annually on May 20th, was established by the United Nations to raise awareness of the essential contribution of bees and to encourage actions that protect them and their habitats; and
WHEREAS, bee populations around the world face alarming declines due to habitat loss, pesticide use, climate change, and disease, placing our environmental health and agricultural systems at risk; and
WHEREAS, the City of Seaside is committed to promoting environmental stewardship and sustainability, and recognizes that the protection of pollinators is vital to the well-being of our community and future generations; and
WHEREAS, under the collaborative guidance of local California native plant experts, the Friends of Seaside Parks Association, Sustainable Seaside, the city’s Environmental Commission, and community volunteers have been integral to the success of pollinator habitats in the City of Seaside, having established and maintained thousands of California native plants and more than 30 trees in public spaces since 2019; and WHEREAS, the City of Seaside provides recommendations to developers and residents regarding California native plant landscaping to promote conservation stewardship, and will continue to promote information regarding the protection of pollinators and maintenance of their habitats in urban and suburban environments;
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NOW THEREFORE, BE IT PROCLAIMED, that, I, The Honorable Ian Oglesby, Mayor of the City of Seaside, California, on behalf of the City Council do hereby proclaim May 20, 2025, as “World Bee Day” in the City of Seaside, and urge all residents to recognize the importance of bees and other pollinators and to take action in support of their protection and preservation.

Ian N. Oglesby, Mayor
May 15, 2025
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.C.

TO: City Council
FROM: Greg McDanel, City Manager
BY: Paul Ensley, Administrative Assistant
DATE: May 15, 2025
SUBJECT: APPROVE A PROCLAMATION RECOGNIZING MAY 18-24, 2025,

AS NATIONAL PUBLIC WORKS WEEK

RECOMMENDATION
Approve proclamation recognizing National Public Works Week in the City of Seaside.

BACKGROUND
Public Works professionals, engineers, managers, and employees within government and the private sector perform important work to rebuild, improve, and protect our nation's transportation, water supply, water treatment, and solid waste systems, public buildings, and other structures and facilities essential for our citizens. The health, safety, and comfort of our community greatly depends on these facilities and services.

Therefore, the City should proclaim May 18 - 24, 2025 as National Public Works Week.

FISCAL IMPACT
None

STRATEGIC PRIORITY
Not Applicable

ATTACHMENTS

1. 2025 Public Works Week Proclamation
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Item No. 8.C. Page 2 of 2
Reviewed for Submission to the City Council by:

____________________________________
Greg McDanel, City Manager
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City of Seaside

PROCLAMATION
National Public Works Week
May 18 – 24, 2025
WHEREAS, public works professionals focus on infrastructure, facilities and services that are of vital importance to sustainable and resilient communities and to the public health, high quality of life and well-being of the people of this community; and
WHEREAS, these infrastructure, facilities and services could not be provided without the dedicated efforts of public works professionals, who are engineers, managers, and employees at all levels of government and the private sector, who are responsible for rebuilding, improving, and protecting our nation’s transportation, water supply, water treatment and solid waste systems, public buildings, and other structures and facilities essential for our citizens; and WHEREAS, it is in the public interest for the citizens, civic leaders and children in Seaside, California to gain knowledge of and to maintain an ongoing interest and understanding of the importance of public works and public works programs in their respective communities; and
WHEREAS, the year 2025 marks the 65th annual National Public Works Week sponsored by the American Public Works Association, NOW THEREFORE, BE IT PROCLAIMED, that I, the Honorable Ian N.

Oglesby, Mayor of the City of Seaside, do hereby proclaim the week May 18-24, 2025 as National Public Works Week; and I urge all our people to join with representatives of the American Public Works Association and government agencies in activities, events and ceremonies designed to pay tribute to our public works professionals, engineers, managers and employees and to recognize the substantial contributions they have made to our national health, safety, welfare and quality of life.

Ian N. Oglesby, Mayor
May 15, 2025
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.D.

TO: City Council
FROM: Greg McDanel, City Manager
BY: Dan Meewis, Assistant City Manager
DATE: May 15, 2025
SUBJECT: APPROVE A PROCLAMATION AND CO-SPONSORSHIP FOR THE PACCHETTI DOG PARK 10TH ANNIVERSARY CELEBRATION ON
SATURDAY, JUNE 28, 2025

RECOMMENDATION
Approve the proclamation and the co-sponsorship.

BACKGROUND
Pacchetti Dog Park was established in 2015 as a dedicated public space where residents and their dogs could gather safely and enjoy off-leash recreation. Over the past ten years, the park has become a beloved community asset, promoting responsible pet ownership, fostering neighborhood connections, and supporting the physical and mental well-being of both residents and their pets.

To commemorate this milestone, the Pacchetti Dog Park volunteers and Friends of Seaside Parks Association (FOSPA) community volunteers have planned a 10-Year Anniversary Celebration event. The celebration will include a variety of dog friendly activities and recognition of key community partners who have supported the park over the past decade.

The event organizers have requested City Co-sponsorship to support event logistics, assist with promotion, and provide onsite resources such as tables, chairs, and a portable restroom. The City's co-sponsorship would include:
• Use of City branding on event materials
• Limited in-kind support (estimated at under $1,000) includes staff time for Packet Page 40

Item No. 8.D. Page 2 of 2
setup/breakdown, and provision of city-owned equipment. • Issuance of an official proclamation from the Mayor recognizing the importance of the park and the 10-year milestone.

Staff believe the co-sponsorship is consistent with the City's Strategic Goals of "Diverse and Inclusive Community & Community Safety and Quality of Life".

In addition, the co-sponsorship will promote community engagement, healthy living, and responsible pet ownership.

FISCAL IMPACT
The in-kind contribution costs associated with this event are minimal and can be absorbed within the existing Recreation Department operating budget.

STRATEGIC PRIORITY
Diverse and Inclusive Community, Community Safety & Quality of Life

ATTACHMENTS

1. Draft Pacchetti proclamation
Reviewed for Submission to the City Council by:

____________________________________
Greg McDanel, City Manager
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CITY OF SEASIDE

PROCLAMATION
COMMEMORATING THE 10 YEAR ANNIVERSARY

OF THE PACCHETTI DOG PARK
WHEREAS, on this day, we proudly celebrate the 10th anniversary of Pacchetti Dog Park, a beloved and vital community space in the City of Seaside, dedicated to the well-being, recreation, and companionship of our residents and their canine companions; and
WHEREAS, the park is named in honor of William C. Pacchetti (1902–1974), Seaside’s first paid Fire Chief, who served the city for 28 years and was known for his deep commitment to public service, his love for animals, and his enduring legacy of kindness and community spirit; and WHEREAS, since its opening in 2015, Pacchetti Dog Park has served as a welcoming, safe, and joyful environment where dogs can run freely, socialize, and thrive, while fostering a strong sense of community among dog owners and residents alike; and
WHEREAS, the vision for Pacchetti Dog Park was brought to life through the dedication and collaboration of city leaders, local volunteers, and community advocates who recognized the need for an accessible off-leash park in Seaside; and
WHEREAS, over the past decade, the park has become more than a recreational space—it has become a daily destination for exercise, play, connection, and companionship, enriching the lives of pets and people throughout the region; and
WHEREAS, the City of Seaside extends its sincere gratitude to all who have contributed to the maintenance, stewardship, and continued success of Pacchetti Dog Park over the past ten years; NOW THEREFORE BE IT PROCLAIMED, that I, Ian N. Oglesby, Mayor of the City of Seaside, on behalf of the City Council and the residents of Seaside, do hereby recognize and celebrate the 10-Year Anniversary of Pacchetti Dog Park, and encourage all residents to honor this milestone by continuing to support and enjoy this treasured community space.
_________________________
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Ian N. Oglesby, Mayor
June 6, 2024
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.E.

TO: City Council
FROM: Greg McDanel, City Manager
BY: Dan Meewis, Assistant City Manager
Kee Hyon Higgins, Recreation Supervisor
DATE: May 15, 2025
SUBJECT: APPROVE MAYOR'S YOUTH FUND CONTRIBUTION REQUEST OF $3,000.00 FROM CALI LEGENDS TRAVEL BASKETBALL

PROGRAM TO ASSIST WITH THE COSTS ASSOCIATED WITH

EXPENSES FOR TRAVEL

RECOMMENDATION
Approve the request.

BACKGROUND
Cali Legends is requesting a donation of $3,000.00 from the Mayor's Youth Fund to assist with the costs associated with expenses for travel. They are a travel basketball program for youth boys and girls from ages 11-16. Their coaches are Seaside natives and residents who teach high-level basketball to their youth. Their coaches are volunteers and do not get paid so that they can keep costs low for the parents. The goal is for parents to afford the program and receive high-level coaching and instruction for their children. They do a beach clean-up every year along with their beach conditioning and workouts. They run from beach to beach, staying fit and working on conditioning. The beach clean-up is an added bonus for them because it is something they directly benefit from with their regularly scheduled beach workout practices.

Based on the information provided, staff have determined that the application meets the requirements of the Mayor's Youth Fund Policy.

This is the first time that the Cali Legends have requested a donation.

FISCAL IMPACT
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Item No. 8.E. Page 2 of 2
This request would be funded by a donation from the Green Waste Recovery's donation to the Mayor's Youth Fund. The current balance is the Mayor's Youth Fund account (601-2106) is $13,364.61. If the City Council approves this request, the balance will decrease to $10,364.61. This is for fiscal year 2024/25.

In the event that all of the funds in the Mayor's Youth Fund become exhausted, staff will keep a file of all applications. Once Green Waste issues the next round of funding, all applications on file will be processed at the next available City Council meeting.

STRATEGIC PRIORITY

ATTACHMENTS

1. MYF Cali Legends

2. Cali Legends - 501(c)(3) Information
Reviewed for Submission to the City Council by:

____________________________________
Greg McDanel, City Manager
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.F.

SATURDAY SCHOOL TO ASSIST WITH THE COSTS ASSOCIATED

WITH SENDING THEIR STUDENTS TO GHANA, WEST AFRICA,
IN JULY 2025

RECOMMENDATION
Approve the request.

BACKGROUND
On behalf of the Emanyatta Saturday School, The Village Project is requesting a donation of $3,000.00 from the Mayor's Youth Fund to assist with the costs associated with sending their students to Ghana, West Africa, in July 2025.

The Emanyatta Saturday School is a program that centers on African ancestry, cultural pride, and academic enrichment for children in grades K-4 in Seaside, California. The trip to Ghana, West Africa will provide their students with firsthand experience of the African continent, including visits to historical sites such as the Cape Coast Slave Castle and the Door of No Return. The journey aims to deepen students' understanding of their ancestral roots, foster a sense of pride and resilience, and connect them to global Black history, economics, textile industries, and sustainable development models.

The Village Project Emanyatta Program equips their students to be environmental stewards, connecting international sustainability practices to local initiatives in Monterey County.

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Item No. 8.F. Page 2 of 2
Based on the information provided, staff has determined that the application meets the requirements of the Mayor's Youth Fund Policy. This is the first time that the Village Project Emanyatta Program has requested a donation.

FISCAL IMPACT
This request would be funded by a donation from the Green Waste Recovery's donation to the Mayor's Youth Fund. The current balance is the Mayor's Youth Fund account (601-2106) is $16,364.61. If the City Council approves this request, the balance will decrease to $13,364.61. This is for fiscal year 2024/25.

STRATEGIC PRIORITY

ATTACHMENTS

1. MYF Village Project- Emanyatta Saturday School - 2025

2. Village Project- 501(c)(3)
Reviewed for Submission to the City Council by:

____________________________________
Greg McDanel, City Manager
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.G.

THE COSTS ASSOCIATED WITH EXPENSES FOR TRAVEL TO THE

NATIONAL GYMNASTICS CHAMPIONSHIPS IN VIRGINIA
BEACH, VIRGINIA ON JUNE 2–7, 2025

RECOMMENDATION
Approve the request.

BACKGROUND
Boosters at Rising Star is requesting a donation of $3,000.00 from the Mayor's Youth Fund to assist with the costs associated with expenses for travel to the National Gymnastics Championships in Virginia Beach, Virginia from June 2-7, 2025. Their outstanding program is designed to teach their students' ages 5-16 poise, character, and self-discipline, all while developing a physically fit and responsible individual.

It is their mission to provide gymnastics instruction to all their students enrolled in their program in both a fun and safe environment. Their students worked hard throughout the year and maintained at least a 3.0 G.P.A. and qualified for the National Championship. The students picked up trash and recycled cans and bottles at Roberts Lake. They also do a beach clean-up when they go jogging on the Del Monte Beach and Seaside Beach. In addition, they also helped clean and collect recycling materials at the 2025 Big Sur Marathon.

Based on the information provided, staff have determined that the application meets the requirements of the Mayor's Youth Fund Policy.

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Item No. 8.G. Page 2 of 2
This is the first time that the Boosters At Rising Star have requested a donation.

FISCAL IMPACT
This request would be funded by a donation from the Green Waste Recovery's donation to the Mayor's Youth Fund. The current balance is the Mayor's Youth Fund account (601-2106) is $10,364.61. If the City Council approves this request, the balance will decrease to $7,364.61. This is for fiscal year 2024/25.

STRATEGIC PRIORITY

ATTACHMENTS

1. MYF- Boosters At Rising Star

2. Boosters At Rising Star - 501(c)(3)
Reviewed for Submission to the City Council by:

____________________________________
Greg McDanel, City Manager
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.H.

TO: City Council
FROM: Greg McDanel, City Manager
BY: Dan Meewis, Assistant City Manager
Kee Hyon Higgins, Recreation Supervisor
DATE: May 15, 2025
SUBJECT: APPROVE A FEE WAIVER FROM SARANGSAM PRISON

MINISTRY FOR THE USE OF THE LAGUNA GRANDE HALL AND

KITCHEN FOR THEIR ANNUAL MUSIC FESTIVAL ON OCTOBER
24, 2025, AND OCTOBER 25, 2025, IN THE AMOUNT OF
$3,170.85

RECOMMENDATION
Approve the fee waiver request.

BACKGROUND
The Sarangsam Prison Ministry is a non-profit religious organization, and they are requesting a fee waiver to help cover the costs associated with their annual Music Festival. Their rehearsal is on Friday, October 24, 2025, from 5:00 p.m. to 10:00 p.m. and their free Music Festival is on Saturday, October 25, 2025, from 8:00 a.m. to 10:00 p.m. in the Laguna Grande Hall at the Oldemeyer Center. Their event will be for all ages and is open to the public. They will have classical music with string ensemble, jazz, opera and folk music. The performers range from young students to elderly singers.

This event is free and open to the public.

The Sarangsam Prison Ministry Korean band has been performing free of charge at some of the City of Seaside Recreation annual events since 2017. They have become staples for entertainment at the annual Mother's Day Luncheon and the Community Holiday Luncheon. Given their ongoing support to the recreation department, staff recommend that the fees be waived for the rental cost of the facility for their Music Festival.

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Item No. 8.H. Page 2 of 2
The City Council has approved this request on an annual basis since 2023.

FISCAL IMPACT
Should the City Council approve the request for a full fee waiver for the event, the approximate fiscal impact is as follows:

Laguna Grande Hall & Kitchen Fee 5 Hours @ $154.00 per hour (10/24/2025)
$ 770.00
Laguna Grande Hall & Kitchen Fee 14 Hours @ $154.00 per hour (10/25/2025)
$2,156.00
Insurance $ 122.00
Deposit Non-Refundable Portion $ 122.85
TOTAL $3,170.85

STRATEGIC PRIORITY
3 ATTACHMENTS

1. Sarangsam Prison Ministry - Fee Waiver 2025

2. Sarangsam Prison Ministry - 501(c)(3)
Reviewed for Submission to the City Council by:

____________________________________
Greg McDanel, City Manager
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.I.

TO: City Council
FROM: Greg McDanel, City Manager
BY: Paul Blaha, Deputy Fire Chief
DATE: May 15, 2025
SUBJECT: APPROVE THE SALE OF SAFE AND SANE FIREWORKS IN THE CITY OF SEASIDE, JUNE 28-JULY 5 BY MONTEREY BAY

CHRISTIAN SCHOOL, MONTEREY CONDORS CLUB, WORLD
OUTREACH SERVICES, INC., SEASIDE AQUATIC CLUB, INC.,

THE VILLAGE PROJECT, IGLESIA VIDA CAMINO VERDAD OF

THE ASSEMBLIES OF GOD, AND RECOGNIZING MILITARY

SERVICE CENTER

RECOMMENDATION
Approve the non-profit vendor list and locations for the sale of safe and sane fireworks in the City of Seaside from June 28 to July 5.

BACKGROUND
The purpose of this item is for the City Council to discuss and consider allowing seven (7) non-profit organizations to sell "safe and sane" fireworks in the City of Seaside from 12:00 p.m. on June 28, 2025 (after a fire inspection) through 10:00 p.m. on July 5, 2025. If the non-profits pass the inspection, they will be issued a permit to sell.

Four of the fireworks stands will be located on private property and three have requested to be on city-owned property pending City Council Approval. The sale of safe and sane fireworks on city-owned property is a separate agenda item for this council meeting.
"Safe and sane" firework sales are regulated under Seaside Municipal Code Chapter

8.32 (Ordinance No. 1014). Exception 8.32.050 is titled "Safe and Sane Fireworks." The Ordinance states, "the sale, display for sale, and use of "safe and sane" fireworks Packet Page 80

Item No. 8.I. Page 2 of 3
shall be permitted only during that period beginning at noon on June 28 and ending at Item No. 7.H. Page 2 of 3, 10:00 p.m., July 5 of the same year. It shall be unlawful for any person to sell "safe and sane" fireworks within the City of Seaside without having first applied for and received a permit from the city as required in this chapter. Only "safe and sane" fireworks certified by the State of California Fire Marshal can be sold.

This ordinance allows non-profit agencies based in the City of Seaside (and or serving residents in the City of Seaside) to sell "safe and sane" fireworks in order to benefit the youth and adults that live in the City of Seaside. A prerequisite of this ordinance includes certification by the Secretary of State of California or the Internal Revenue Service, along with a current mailing address within the City of Seaside.

The following non-profit organizations have submitted an application for approval to sell "safe and sane" fireworks, listed in the order they were submitted:

Monterey Bay Christian Center
Location: 1510 Fremont Blvd
Monterey Condors
Location: 1271 Canyon Del Rey (City Property)
World Outreach Services, Inc.

Location: 1561-1671 Del Monte (City Property-Parking Lot #2) Seaside Aquatics Club, Inc.

Broadway & Del Monte (City Property-Parking Lot #1)
The Village Project 1391 Fremont Blvd
Iglesia Vida, Camino, Verdad of the Assemblies of God
Location: 1349 Canyon Del Rey
Recognizing Military Service Center
2087 Del Monte Blvd.

FISCAL IMPACT
The City will receive 7% of gross sales

STRATEGIC PRIORITY

ATTACHMENTS
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Item No. 8.I. Page 3 of 3

1. Ord. 2026 Fireworks Ordinance (1)
Reviewed for Submission to the City Council by:

____________________________________
Greg McDanel, City Manager
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.J.

TO: City Council
FROM: Greg McDanel, City Manager
BY: Jose Bazua, Economic Development Director
Laura Calata, Administrative Analyst
DATE: May 15, 2025
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO

EXECUTE A USE AGREEMENT WITH SEASIDE AQUATIC CLUB,
INC. FOR A FIREWORKS BOOTH ON CITY-OWNED PROPERTY
LOCATED AT 490 BROADWAY AVENUE

RECOMMENDATION
Adopt the resolution and authorize a use agreement.

BACKGROUND
The “Seaside Dolphins” have been using Municipal Parking Lot 1, located at the southwest corner of Broadway Avenue and Contra Costa Street, for their annual fireworks fundraiser for the past five years. The location map is provided as Attachment

2. The site was previously owned by the Coniglio Family Trust. Following the City of Seaside’s acquisition of the property in 2022, the applicant is required to receive authorization from the current owner of record. The applicant’s letter of request is provided as Attachment 3.

Prior to conducting firework sales on the project site, the Seaside Dolphins had an extensive record of operating sales elsewhere in the City for over 20 years. There have been no negative comments related to the sale of fireworks by the Seaside Dolphins at the project location or other sites that have been used by the Seaside Dolphins in the City.

Item No. 8.J. Page 2 of 2
event would occur between June 20th and July 8th, 2025. Additionally, a 12 foot by 20 foot metal storage container will be placed near the fireworks booth for the storage of fireworks being sold on-site, in accordance with State Law. Sales hours will generally occur between 10 am and 10 pm daily. Site photographs of the Fireworks Sales Area are provided as Attachment 5.

The nearest residential properties are located 300 feet to the south, with the residential area buffered by the Acme Coffee site, which lies between the residential property and the project site. A minimum distance of 30 feet is required for residential use.

Before receiving a clearance from the Fire Marshall to begin sales, the fireworks vendor will be responsible for providing the required Certificate of Insurance naming the City of Seaside as additional insured for $2,000,000 per occurrence and $4,000,000 as an aggregate minimum.

FISCAL IMPACT
There is no anticipated fiscal impact on the City of Seaside associated with this Use Agreement.

STRATEGIC PRIORITY
Not Applicable

ATTACHMENTS

1. Resolution

2. Attachment 2- Location Map

3. Attachment 3- Letter of Request

4. Attachment 4- Site Plan

5. Attachment 5- Site Photographs
Reviewed for Submission to the City Council by:

____________________________________
Greg McDanel, City Manager
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RESOLUTION NO. 25-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A USE AGREEMENT WITH SEASIDE AQUATIC CLUB, INC. FOR A FIREWORKS BOOTH ON A CITY-OWNED PROPERTY LOCATED AT 490 BROADWAY
AVENUE.

WHEREAS, Seaside Aquatic Club, Inc. , a non-profit organization , filed a request for the placement of a fireworks booth and sales of fireworks at a portion of parcel APN 011-302-002, more commonly known as 490 Broadway Avenue; and WHEREAS, on May 15, 2025, the City Council of the City of Seaside held a public hearing to consider approving the request for the retail sales of fireworks for Seaside Aquatic Club, Inc. from June 28th through July 5th, 2025; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Seaside does hereby authorize the City Manager to execute the Use Agreement with Seaside Aquatic Club, Inc. attached hereto as Exhibit A.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside, State of California, on the 15th day of May, 2025, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

APPROVED:

ATTEST:
_____________________
Ian N. Oglesby, Mayor
_____________________________
Dominique L. Davis, City Clerk
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EXHIBIT A

USE AGREEMENT
THIS AGREEMENT is entered into this 15th day of May, 2025, by and between the City of Seaside, a municipal corporation, hereinafter referred to as “CITY” and Seaside Aquatic Club, Inc., a non-profit organization, hereinafter referred to as “TENANT.”

1. PREMISES
The CITY authorizes the TENANT to use a portion of the land known as Assessor’s Parcel Number 011-302-002, located at 490 Broadway Avenue, hereafter the “PREMISES” shown on the attached site plan (Attachment 1).

2. TERM OF AGREEMENT
The parties hereto agree that the TENANT shall have exclusive use of the PREMISES herein described from June 28 to July 5, 2025.

3. INSURANCE
The TENANT shall procure and maintain, at its own cost and expense, an insurance policy acceptable to the CITY, in the minimum amount of two million dollars ($2,000,000.00) per occurrence and four million dollars ($4,000,000.00) as an aggregate, insuring the TENANT and the CITY against any and all liabilities arising from the use of the PREMISES as set forth in this Agreement. The TENANT shall provide the CITY with a certificate of insurance reflecting the terms of this Paragraph. The TENANT shall maintain said insurance in full force and effect throughout the entire term of this Agreement.

4. INDEMNITY
In consideration of this Use Agreement issued by the CITY to allow the tenant to use the PREMISES for the sales of fireworks, the TENANT hereby agrees to defend, indemnify, and hold harmless the CITY, its agents, officers, and employees from and against all claims, damages, losses, judgments, liabilities, expenses, and other costs including litigation costs and attorney’s fees from every cause, including but not limited to injury to person(s) or property or wrongful death arising directly or indirectly out of any act or omission of the TENANT or its agents, officers, and employees or volunteers resulting or alleged to have resulted, directly or indirectly, wholly or partially, from the TENANT’S aforementioned use of the property. In addition, the TENANT agrees to waive subrogation rights for any Workers’ Compensation related injuries. The CITY make no warranty as to the suitability of the property for the aforementioned use of the property. Therefore, the TENANT has a Packet Page 89
duty to inspect the site for potential hazards; correct any hazards discovered and warn participants of any potential for hazards.

5. CONDITIONS OF USE
Use of said PREMISES is subject to the following terms and conditions:
(a) All temporary signs, banners, fencing and other materials used in connection with the Fireworks sales shall remain within the boundaries of the PREMISES and not encroach into a public right-of-way.
(b) The subject property shall be cleared of all litter and Fireworks merchandise refuse materials at least once a day throughout the approved event. The subject property shall be completely cleared of litter and ancillary equipment at the end of the event.
(c) Prior to beginning Fireworks sales, the TENANT must receive approval of a final inspection with the Fire Marshal.
(d) Prior to installation of any temporary lights, the TENANT shall obtain approval of any and all required building permits, including electrical permits, prior to installation.

6. UTILITIES
The TENANT shall be solely responsible for all utilities furnished to said PREMISES.

7. RESPONSIBILITY FOR PREMISES
The TENANT shall quit and surrender the PREMISES following termination of use under this Agreement in as good a state and condition as they were at the commencement of such use, reasonable wear and tear thereof and damages by the elements accepted. The TENANT also agrees that if said PREMISES are damaged during the terms of this Agreement, by the act, default, or negligence of the TENANT, its officers, agents, employees, guests, patrons, or any person or persons permitted onto said PREMISES by the TENANT, the TENANT shall pay to the CITY upon demand such sum as shall be necessary to restore said PREMISES to the condition they were in at the commencement of use pursuant to this Agreement.

8. COMPLIANCE WITH LAWS
The TENANT shall comply with all laws, statutes, ordinances, rules or regulations of the United States, the State of California, the City of Seaside and any department or agency thereof, including such regulations now in force or to be established pertaining to the use of the PREMISES.

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9. TERMINATION
The CITY and the TENANT specifically agree that any default by the TENANT shall be an immediate breach and the CITY shall have an immediate right to terminate this Agreement upon twenty-four (24) hours written notice to the TENANT.

10. LEGAL ACTION
Should either party to this Agreement bring legal action against the other, the case shall be handled in Monterey County, California, and the party prevailing in such action shall be entitled to a reasonable attorney’s fees which shall be fixed by the judge hearing the case and such fee shall be included in the judgment, together with all costs.

11. ENTIRE AGREEMENT
This Agreement constitutes the entire Agreement between the TENANT and the CITY. No term, provision or condition of this Agreement may be altered or amended, nor may any term, provision or condition be added to this Agreement, except by a written amendment be executed by both the TENANT and the CITY.

IN WITNESS WHEREOF, the parties have entered into this Agreement as of the 15th day of May, 2025.

City of Seaside Tenant (Non-Profit Group)
Seaside Aquatic Club, Inc.

Greg McDanel, CITY MANAGER (Name of Organization)

Print Name/Title
Signature
ATTACHMENT:

1. Attachment 1- Site Plan
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Attachment 1
Site Plan
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Attachment 2
Location Map
Project Site: 490 Broadway Avenue
Project site
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Seaside Aquatic Club - The Dolphins
POB 950
Seaside, CA 93955
April 21, 2025
Laura Calata
Community Development
Seaside, CA 93955
To Whom it May Concern:

The Seaside Aquatics Club is requesting a fee waiver for the use the parking lot space located on 490 Broadway and Del Monte in Seaside as we have used that space for that last four years.

If you need anything further or have any questions, please do not hesitate to contact me.

On behalf of the Seaside Aquatics Club I want to thank the City and staff for your assistance and support.

Sincerely, Ken Stro
Kenneth Fittro - Head Coach
[email protected] (831)402-0312
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Attachment 4
Project Site: 490 Broadway Avenue
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Attachment 5
Site Photos
View from corner of Contra Costa Street and Broadway Avenue View from Contra Costa Street
Location of
Fireworks Booth
Location of
Fireworks Booth
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.K.

EXECUTE A USE AGREEMENT WITH MONTEREY CONDORS CLUB

FOR A FIREWORKS BOOTH ON CITY-OWNED PROPERTY
LOCATED AT 1271 CANYON DEL REY BOULEVARD

RECOMMENDATION
Adopt the resolution and authorize a use agreement.

BACKGROUND
Monterey Condors Club has been operating a fireworks booth in the City of Seaside for two years. The site previously used will be occupied by a different organization hence the reason they are requesting to use a portion of 1271 Canyon Del Rey Boulevard.

The City of Seaside acquired the property in 2022; thus, the applicant is required to receive authorization from the owner of record. The applicant’s letter of request is provided as Attachment 3, and the location map is provided as Attachment 2.

Monterey Condors Club has a record of operating sales elsewhere in the City. There have been no negative comments related to the sale of fireworks by Monterey Condors Club at their previous site.

The sale of safe and sane fireworks will occur from June 28th through July 5th. A site plan of the fireworks sales area is provided as Attachment 4. The fireworks booth will measure approximately 12 feet wide by 20 feet in length. Set-up and breakdown of the event would occur between June 20th and July 8th, 2025. Additionally, a 12 foot by 20 foot metal storage container will be placed near the fireworks booth for the storage of fireworks being sold on-site, in accordance with State Law. Sales hours will Packet Page 97

Item No. 8.K. Page 2 of 2
generally occur between 10 am and 10 pm daily. Site photographs of the Fireworks Sales Area are provided as Attachment 5.

The nearest residential properties are located 60 feet to the east, with the residential area buffered by four lanes of Canyon Del Rey Boulevard. A minimum distance of 30 feet is required for residential use.

FISCAL IMPACT
There is no anticipated fiscal impact on the City of Seaside associated with this Use Agreement.

STRATEGIC PRIORITY
Not Applicable

ATTACHMENTS

1. Resolution

2. Attachment 2- Location Map

3. Attachment 3- Letter of Request

4. Attachment 4- Site Plan

5. Attachment 5- Site Photographs
Reviewed for Submission to the City Council by:

____________________________________
Greg McDanel, City Manager
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RESOLUTION NO. 25-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A USE

AGREEMENT WITH MONTEREY CONDORS CLUB FOR A FIREWORKS
BOOTH ON A CITY-OWNED PROPERTY LOCATED AT 1271 CANYON DEL REY BOULEVARD.

WHEREAS, Monterey Condors Club , a non-profit organization , filed a request for the placement of a fireworks booth and sales of fireworks at a portion of parcel APNs 011-371-005 and 011-371-022, more commonly known as 1271 Canyon del Rey Boulevard; and
WHEREAS, on May 15, 2025, the City Council of the City of Seaside held a public hearing to consider approving the request for the retail sales of fireworks for Monterey Condors Club from June 28th through July 5th, 2025; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Seaside does hereby authorize the City Manager to execute the Use Agreement with Monterey Condors Club attached hereto as Exhibit A.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside, State of California, on the 15th day of May, 2025, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

APPROVED:

ATTEST:
_____________________
Ian N. Oglesby, Mayor
_____________________________
Dominique L. Davis, City Clerk
Packet Page 99

EXHIBIT A

USE AGREEMENT
THIS AGREEMENT is entered into this 15th day of May, 2025, by and between the City of Seaside, a municipal corporation, hereinafter referred to as “CITY” and Monterey Condors Club, a non-profit organization, hereinafter referred to as “TENANT.”

1. PREMISES
The CITY authorizes the TENANT to use a portion of the land known as Assessor’s Parcel Numbers 011-371-005 and 011-371-022, located at 1271 Canyon del Rey Boulevard, hereafter the “PREMISES” shown on the attached site plan (Attachment 1).

2. TERM OF AGREEMENT
The parties hereto agree that the TENANT shall have exclusive use of the PREMISES herein described from June 28 to July 5, 2025.

4. INDEMNITY
In consideration of this Use Agreement issued by the CITY to allow the tenant to use the PREMISES for the sales of fireworks, the TENANT hereby agrees to defend, indemnify, and hold harmless the CITY, its agents, officers, and employees from and against all claims, damages, losses, judgments, liabilities, expenses, and other costs including litigation costs and attorney’s fees from every cause, including but not limited to injury to person(s) or property or wrongful death arising directly or indirectly out of any act or omission of the TENANT or its agents, officers, and employees or volunteers resulting or alleged to have resulted, directly or indirectly, wholly or partially, from the TENANT’S aforementioned use of the property. In addition, the TENANT agrees to waive subrogation rights for any Workers’ Compensation related injuries. The CITY make no warranty as to the suitability of the Packet Page 100
property for the aforementioned use of the property. Therefore, the TENANT has a duty to inspect the site for potential hazards; correct any hazards discovered and warn participants of any potential for hazards.

6. UTILITIES
The TENANT shall be solely responsible for all utilities furnished to said PREMISES.

8. COMPLIANCE WITH LAWS
The TENANT shall comply with all laws, statutes, ordinances, rules or regulations of the United States, the State of California, the City of Seaside and any department or Packet Page 101
agency thereof, including such regulations now in force or to be established pertaining to the use of the PREMISES.

IN WITNESS WHEREOF, the parties have entered into this Agreement as of the 15th day of May, 2025.

City of Seaside Tenant (Non-Profit Group)
Monterey Condors Club
Greg McDanel, CITY MANAGER (Name of Organization)

Print Name/Title
Signature
ATTACHMENT:

1. Attachment 1- Site Plan
Packet Page 102
Attachment 1
Site Plan
Fireworks
Booth
Storage
Container
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Attachment 2
Location Map
Project Site: 1271 Canton Del Rey Boulevard
Project site
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Fireworks
Booth
Storage
Container
Attachment 4
Site Plan
1271 Canyon Del Rey Boulevard
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Attachment 5
Site Photos
Location of
Fireworks Booth
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.L.

EXECUTE A USE AGREEMENT WITH WORLD OUTREACH
SERVICES, INC. FOR A FIREWORKS BOOTH ON CITY-OWNED
PROPERTY LOCATED AT 1561-1571 DEL MONTE BOULEVARD

RECOMMENDATION
Adopt the resolution and approve the use agreement.

BACKGROUND
World Outreach Services, Inc. has experience operating a fireworks booth for in the City of Seaside for various years. The site previously used has been leased and will be occupied by a new tenant; hence, they are requesting to use Municipal Parking Lot #2, located at 1561-1571 Del Monte Boulevard. The City of Seaside acquired the property in 2022; thus, the applicant is required to receive authorization from the owner of record. The applicant’s letter of request is provided as Attachment 3. The location map is provided as Attachment 2.

World Outreach Services, Inc. has operated a fireworks booth for the past three years elsewhere in the City. There have been no negative comments related to the sale of fireworks by World Outreach Services, Inc. at their previous site.

Item No. 8.L. Page 2 of 2
by 20 foot metal storage container will be placed near the fireworks booth for the storage of fireworks being sold on-site, in accordance with State Law. Sales hours will generally occur between 10 am and 10 pm daily. Site photographs of the Fireworks Sales Area are provided as Attachment 5.

The nearest residential properties are located 250 feet to the north, with the residential area buffered four lanes of Del Monte Boulevard. A minimum distance of 30 feet is required for residential use.

FISCAL IMPACT
There is no anticipated fiscal impact on the City of Seaside associated with this Use Agreement.

STRATEGIC PRIORITY
Not Applicable

ATTACHMENTS

1. Resolution

2. Attachment 2- Location Map

3. Attachment 3- Letter of Request

4. Attachment 4- Site Plan

5. Attachment 5- Site Photographs
Reviewed for Submission to the City Council by:

____________________________________
Greg McDanel, City Manager
Packet Page 109
RESOLUTION NO. 25-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A USE AGREEMENT WITH WORLD OUTREACH SERVICES, INC. FOR A
FIREWORKS BOOTH ON A CITY-OWNED PROPERTY LOCATED AT 1561- 1571 DEL MONTE BOULEVARD.

WHEREAS, World Outreach Services, Inc. , a non-profit organization , filed a request for the placement of a fireworks booth and sales of fireworks at a portion of parcel APNs 011-301-010, 011-301-011, 011-301-023 and 011-301-024, more commonly known as 1561-1571 Del Monte Avenue (Municipal Parking Lot #2); and
WHEREAS, on May 15, 2025, the City Council of the City of Seaside held a public hearing to consider approving the request for the retail sales of fireworks for World Outreach Services, Inc. from June 28th through July 5th, 2025; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Seaside does hereby authorize the City Manager to execute the Use Agreement with World Outreach Services, Inc. attached hereto as Exhibit A.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside, State of California, on the 15th day of May, 2025, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

APPROVED:

ATTEST:
_____________________
Ian N. Oglesby, Mayor
_____________________________
Dominique L. Davis, City Clerk
Packet Page 110

EXHIBIT A

USE AGREEMENT
THIS AGREEMENT is entered into this 15th day of May, 2025, by and between the City of Seaside, a municipal corporation, hereinafter referred to as “CITY” and World Outreach Services, Inc., a non-profit organization, hereinafter referred to as “TENANT.”

1. PREMISES
The CITY authorizes the TENANT to use a portion of the land known as Assessor’s Parcel Numbers 011-301-010, 011-301-011, 011-301-023, and 011-301-024, located at 1561-1571 Del Monte Avenue, hereafter the “PREMISES” shown on the attached site plan (Attachment 1).

2. TERM OF AGREEMENT
The parties hereto agree that the TENANT shall have exclusive use of the PREMISES herein described from June 28 to July 5, 2025.

4. INDEMNITY
In consideration of this Use Agreement issued by the CITY to allow the tenant to use the PREMISES for the sales of fireworks, the TENANT hereby agrees to defend, indemnify, and hold harmless the CITY, its agents, officers, and employees from and against all claims, damages, losses, judgments, liabilities, expenses, and other costs including litigation costs and attorney’s fees from every cause, including but not limited to injury to person(s) or property or wrongful death arising directly or indirectly out of any act or omission of the TENANT or its agents, officers, and employees or volunteers resulting or alleged to have resulted, directly or indirectly, wholly or partially, from the TENANT’S aforementioned use of the property. In addition, the TENANT agrees to waive subrogation rights for any Workers’ Packet Page 111
Compensation related injuries. The CITY make no warranty as to the suitability of the property for the aforementioned use of the property. Therefore, the TENANT has a duty to inspect the site for potential hazards; correct any hazards discovered and warn participants of any potential for hazards.

6. UTILITIES
The TENANT shall be solely responsible for all utilities furnished to said PREMISES.

8. COMPLIANCE WITH LAWS
The TENANT shall comply with all laws, statutes, ordinances, rules or regulations of the United States, the State of California, the City of Seaside and any department or Packet Page 112
agency thereof, including such regulations now in force or to be established pertaining to the use of the PREMISES.

IN WITNESS WHEREOF, the parties have entered into this Agreement as of the 15th day of May, 2025.

City of Seaside Tenant (Non-Profit Group)
World Outreach Services, Inc.

Greg McDanel, CITY MANAGER (Name of Organization)

Print Name/Title
Signature
ATTACHMENT:

1. Attachment 1- Site Plan
Packet Page 113
Attachment 1
Site Plan
Fireworks
Booth
Storage
Container
Packet Page 114
Attachment 2
Location Map
Project Site
Packet Page 115
Packet Page 116
Attachment 4
Site Plan
Fireworks
Booth
Storage
Container
Packet Page 117
Attachment 5
Site Photos
View from Del Monte Blvd.

Location of
Fireworks Booth
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CITY OF SEASIDE

STAFF REPORT
Item No.: 8.M.

TO: City Council
FROM: Greg McDanel, City Manager
BY: Dan Meewis, Assistant City Manager
Kee Hyon Higgins, Recreation Supervisor
DATE: May 15, 2025
SUBJECT: ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO

EXECUTE A CONTRACT BETWEEN THE CITY OF SEASIDE AND

MONTEREY PENINSULA UNIFIED SCHOOL DISTRICT TO

REIMBURSE THE CITY FOR PROVIDING AFTER SCHOOL

RECREATIONAL PROGRAMMING AT THE DUAL LANGUAGE

ACADEMY OF THE MONTEREY PENINSULA

RECOMMENDATION
Adopt the resolution and approve the contract.

BACKGROUND
The City of Seaside's Recreation Department wishes to partner with the Monterey Peninsula Unified School District (MPUSD) to provide after-school recreational programming for students attending the Dual Language Academy of the Monterey Peninsula (DLAMP). These programs are aimed at enhancing students' academic and social development outside of school hours. The City of Seaside, through its Recreation Department, has been providing quality recreational activities, including sports, arts and crafts, homework assistance, and enrichment opportunities in other locations such as the Oldemeyer Center, and the Hamilton Ellis, and Martin Plaza.This partnership with MPUSD will be an extension of the services already provided to the community. In order to offer these services and ensure proper funding for the programs, a formal agreement with MPUSD is necessary to reimburse the City for the costs associated with these services.

The proposed contract outlines a reimbursement arrangement whereby MPUSD will Packet Page 119

Item No. 8.M. Page 2 of 3
provide compensation to the City of Seaside at a rate of $100 per participant enrolled in the after-school programming services at the DLAMP per month. The terms of the agreement will include:
• Reimbursement Amount: MPUSD will reimburse the City $100.00 per participant enrolled per month in the after-school recreational programming. • Term of Agreement: The contract will be effective for the 25/26 school year, with the option for renewal based on mutual agreement between both parties. • Program Oversight: The City’s Recreation Department will oversee and manage the after-school programming, ensuring that the program meets the educational and recreational needs of DLAMP students, and the requirements set forth in the agreement.

This agreement formalizes a longstanding collaboration between the City and the School District, helping to ensure that the students at DLAMP continue to benefit from a structured and enriching after-school environment.

FISCAL IMPACT
The City and MPUSD agree that entering into this Agreement is of mutual benefit to both parties. Accordingly, the City shall provide Recreational Programs to DLAMP students, and MPUSD will pay the City $100.00 per student enrolled per month, up to 120 students.

The City will invoice MPUSD by the 10th of each month to ensure timely payment is rendered.

The City will be responsible for supplying all the supplies that are necessary to operate the program.

STRATEGIC PRIORITY

ATTACHMENTS

1. City of Seaside_MPUSD Contract_2025-26
Packet Page 120

Item No. 8.M. Page 3 of 3

2. DLAMP Resolution
Reviewed for Submission to the City Council by:

____________________________________
Greg McDanel, City Manager
Packet Page 121
$MONTEREY PENINSULA UNIFIED SCHOOL DISTRICT

INDEPENDENT CONTRACTOR SERVICES AGREEMENT
Consultants/Contracted Services
GENERAL INFORMATION:

School/Department: __MPUSD- Expanded Learning Opportunities Budget Class: __________________________________________________________ District Contact Person: __Tony Sanchez
Budget Approval: ______________________________________________________ Contractor: ___City of Seaside____
Contractor’s Contact Person: ___Dan Meewis__
Contractor’s Taxpayer Identification #: _________________ or SSN: ______________ Requisition #: _______________________
This Independent Contractor Services Agreement (“Agreement”) is made and entered into effective _August 6_, 2025___ (the “Effective Date”), by and between the Monterey Peninsula School District (“District”) and _City of Seaside___ (“Contractor”). District and Contractor may each be referred to as “Party” or together as the “Parties.”

1. Contractor Services. Contractor agrees to provide the following services to District (collectively, the “Services”):
(SEE ATTACHED PROPOSAL/SCOPE OF WORK at Attachment A)
(SEE ATTACHED MPUSD Policies and Procedures at Exhibit A) .

2. Contractor Qualifications. Contractor represents and warrants to District that Contractor and all of Contractor’s employees, agents or volunteers (the “Contractor Parties”) have in effect and shall maintain in full force throughout the Term of this Agreement all licenses, credentials, permits and any other qualifications required by law to perform the Services and to fully and faithfully satisfy all of the terms set forth in this Agreement. Contractor and any Contractor Parties performing Services shall be competent to perform those Services.

3. Term. This Agreement shall begin on __August 6, 2025_, and shall terminate upon completion of the Services, but no later than __June 5, 2026_ (“Term”), except as otherwise stated in Paragraph 4 below. The dates of service include regular school calendar days (180 days) and exclude holidays and school breaks. There shall be no extension of the Term of this Agreement without the express written consent of the Parties. Written notice by the District Superintendent or designee shall be sufficient to stop further performance of the Services by Contractor or the Contractor Parties. In the event of early termination, Contractor shall be paid for satisfactory Services provided to the date of termination. Upon payment by District, District shall be under no further obligation to Contractor, monetarily or otherwise, and District may proceed with the Services in any manner District deems proper.

4. Termination. Either Party may terminate this Agreement at any time by giving thirty (30) days advance written notice to the other Party, however the Parties may agree in writing to a shorter notice period. Notwithstanding the foregoing, District may terminate this Agreement at any time by giving written notice to Contractor if: (1) Contractor materially breaches any of the 1 Packet Page 122
terms of this Agreement; (2) any act or omission by Contractor or the Contractor Parties exposes District to potential liability or may cause an increase in District’s insurance premiums; (3) Contractor is adjudged a bankrupt; (4) Contractor makes a general assignment for the benefit of creditors; (5) a receiver is appointed because of Contractor’s insolvency; or (6) or Contractor Parties fail to comply with or make material representations as to the fingerprinting, criminal background check, and/or tuberculosis certification sections of this Agreement. Such termination shall be effective immediately upon Contractor’s receipt of said notice.

5. Payment. District agrees to pay Contractor at the rate of $[ 100 ] per student per month (“Rate”) for Services satisfactorily performed. The Rate shall not be increased by Contractor over the course of this Agreement. Total fees (the “Fee”) paid by District to Contractor shall not exceed___$120,000__. Any work performed by Contractor in excess of the Fee shall not be compensated. District agrees to pay Contractor, up to the maximum amount provided herein, within sixty (60) days of receipt of a detailed invoice from Contractor, which shall include any additional supporting documentation reasonably requested by District.

5.1 Incidental Expenses. In addition to the above Fee, District shall reimburse Contractor for incidental expenses (“Incidental Expenses”) as follows:
a. Lodging: Actual cost of single occupancy. Not to exceed $100 per night. (Receipt required).
b. Meals: Reimbursement limited to current rate for District employees. c. Travel: Contractor shall not be reimbursed for travel costs within Monterey County.

Other travel costs to be reimbursed at the current allowable IRS rate.

Contractor’s total reimbursement for Incidental Expenses shall not exceed $____________.

6. California Residency. Contractor is a resident of the State of California. _X_YES____NO
If “NO”, Contractor shall complete and attach California Form 590-Witholding Exemption Certificate.

7. Indemnity. Contractor shall defend, indemnify, and hold harmless District and its agents, representatives, officers, consultants, employees, Board of Education, and members of the Board of Education (collectively, the “District Parties”), from and against any and all claims, demands, liabilities, damages, losses, suits and actions, and expenses (including, but not limited to attorney fees and costs including fees of consultants) of any kind, nature and description (collectively, the “Claims”) directly or indirectly arising out of, connected with, or resulting from any act, error, omission, negligence, or willful misconduct of Contractor, the Contractor Parties or their respective agents, subcontractors, employees, material or equipment suppliers, invitees, or licensees in the performance of or failure to perform Contractor’s obligations under this Agreement, including, but not limited to Contractor’s or the Contractor Parties’ use of the site, Contractor’s or the Contractor Parties’ performance of the Services, Contractor’s or the Contractor Parties’ breach of any of the representations or warranties contained in this Agreement, or for injury to or death of persons or damage to property or delay or damage to the District or the District Parties. Such obligation shall not be construed to negate, abridge, or 2 Packet Page 123
reduce other rights or obligations of indemnity, which would otherwise exist as to a Party, person, or entity described in this Paragraph. The indemnification provided for in this Section 7 includes, without limitation to the foregoing, claims that may be made against District by any taxing authority asserting that an employer-employee relationship exists by reason of this Agreement, and any claims made against District alleging civil rights violations by Contractor or Contractor Parties under the California Fair Employment and Housing Act (“FEHA”).

8. Equipment and Materials. Contractor at its sole cost and expense shall provide and furnish all tools, labor, materials, equipment, transportation services, and any other items (collectively, “Equipment”) which are required or necessary to perform the Services in a manner which is consistent with generally accepted standards of the profession for similar services.

Notwithstanding the foregoing, District shall not be responsible for any damages to persons or property as a result of the use, misuse or failure of any Equipment used by Contractor of the Contractor Parties, even if such Equipment is furnished, rented or loaned to Contractor or the Contractor Parties by District. Furthermore, any Equipment or workmanship that does not conform to the regulations of this Agreement may be rejected by District and in such case must be promptly remedied or replaced by Contractor at no additional cost to District and subject to District’s reasonable satisfaction.

9. Insurance. Without in any way limiting Contractor’s liability or indemnification obligations set forth in Paragraph 7 above, Contractor shall secure and maintain throughout the Term of this Agreement the following insurance: (i) comprehensive general liability insurance with limits of not less than $1,000,000 (One Million Dollars) each occurrence and $2,000,000 (Two Million Dollars) in the aggregate; (ii) commercial automobile liability insurance with limits not less than $1,000,000 each per accident; (iii) worker’s compensation insurance as required by Labor Code section 3200, et seq., if applicable; and (iv) employer’s liability insurance with limits of not less than $1,000,000 per accident, disease, and annual aggregate; and neither Contractor nor any of the Contractor Parties shall commence performing any portion of the Services until all required insurance has been obtained and certificates indicating the required coverages have been delivered to and approved by District. The liability insurance provided as a requirement of this Agreement must not contain any exclusions and/or limitations of coverage for mental, physical, emotional and/or sexual abuse, including molestation. All insurance policies shall include an endorsement stating that District and District Parties are named additional insureds. All of the policies shall be amended to provide that the insurance shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days’ prior written notice has been given to District. If any of the required insurance is not reinstated, District may, at its sole option, terminate this Agreement. All of the policies shall also include an endorsement stating that it is primary to any insurance or self-insurance maintained by District and shall waive all rights of subrogation against District and/or the District Parties. A copy of the declarations page of Contractor’s insurance policies shall be attached to this Agreement as proof of insurance.

10. Independent Contractor Status. Contractor, in the performance of this Agreement, shall be and act as an independent contractor. Contractor is engaged in an independently established trade, occupation, or business to provide the Services required by this Agreement and is hereby retained to provide specialized services for District that are outside the usual course of District’s 3 Packet Page 124
business. Contractor is free from the control and direction of District in connection with the manner in which it provides the Services to District Contractor understands and agrees that s/he and the Contractor Parties shall not be considered officers, employees, agents, partners, or joint ventures of District, and are not entitled to benefits of any kind or nature normally provided to District employees and/or to which District’s employees are normally entitled.

11. Taxes. All payments made by District to Contractor pursuant to this Agreement shall be reported to the applicable federal and state taxing authorities as required. District will not withhold any money from compensation payable to Contractor, including FICA (social security), state or federal unemployment insurance contributions, or state or federal income tax or disability insurance. Contractor shall assume full responsibility for payment of all federal, state and local taxes or contributions, including unemployment insurance, social security and income taxes with respect to Contractor and the Contractor Parties and otherwise in connection with this Agreement.

12. Fingerprinting/Criminal Background Investigation Certification. Contractor and Contractor Parties shall at all times comply with the fingerprinting and criminal background investigation requirements of the California Education Code (“Education Code”) section 45125.1. Before performing any Services, Contractor shall execute and return the District’s Fingerprinting Notice and Acknowledgement form and the required Certification, attached to this Agreement as Attachment B.

Contractor further agrees and acknowledges that if at any time during the Term of this Agreement Contractor learns or becomes aware of additional information which differs in any way from the information learned or provided pursuant to Section 45125.1, or Contractor or Contractor Parties add personnel who will provide Services under this Agreement, Contractor shall immediately notify District and prohibit any new personnel from interacting with District students until the fingerprinting and background check requirements have been satisfied and District determines whether any interaction is permissible.

13. Tuberculosis Certification. Contractor and the Contractor Parties shall at all times comply with the tuberculosis (“TB”) certification requirements of Education Code section 49406.

Accordingly, by checking the applicable boxes below, Contractor hereby represents and warrants to District the following:

A. Contractor and Contractor Parties will have only have limited or no contact (as determined by District) with District students at all times during the Term of this Agreement.

B. X Contractor and Contractor Parties will have more than limited contact (as determined by District) with District students during the Term of this Agreement and, at no cost to District, have received a TB test or risk assessment in full compliance with the requirements of Education Code section 49406:
4 Packet Page 125
. [Attach and sign additional pages, as needed.]
Contractor shall maintain on file the certificates showing that Contractor and Contractor Parties was examined and found free from active TB. These forms shall be regularly maintained and updated by Contractor and shall be available to District upon request or audit.

Contractor further agrees and acknowledges that all new personnel hired by Contractor and Contractor Parties after the Effective Date who will provide Services under this Agreement are subject to the TB certification requirements of Education Code section 49406 and shall be prohibited from having any contact with District students until those TB certification requirements have been satisfied and District determines whether any such contact is permissible.

14. COVID-19 and Other Contagious Diseases. During the Services, the Contractor and the Contractor Parties shall comply with all applicable legal, contractual, and local government requirements related to the to prevention of the transmission of COVID-19 and other contagious diseases, including “social distancing,” masks, and hygiene as may be ordered by the State or local authorities.

15. Confidential Information. All District information disclosed to Contractor during the course of performance of the Services under this Agreement shall be treated as confidential and shall not be disclosed to any other persons or parties except as authorized by District or required by law. Contractor shall maintain the confidentiality of and protect from unauthorized disclosure, any and all individual student information received from the District, including but not limited to student names and other identifying information. Contractor shall not use such student information for any purpose other than carrying out the obligations under this Agreement. Upon termination of this Agreement, Contractor shall turn over to District all educational records related to the Services provided to any District student pursuant to this Agreement.

16. Reports. Contractor shall maintain complete and accurate records with respect to the Services rendered and the costs incurred under this Agreement, including records with respect to any payments to employees and subcontractors. All such records shall be prepared in accordance with generally accepted accounting procedures. Upon request, Contractor shall make such records available to District for the purpose of auditing and copying such records for a period of five years from the date of final payment under this Agreement.

17. Ownership of Documents. All plans, studies, drawings, calculations, reports, specifications, estimates, and other documents or any other works of authorship fixed in any tangible medium of expression, including but not limited to physical drawings, data magnetically or otherwise recorded on computer disks, or other writings prepared or caused to be prepared by the Contractor under this Agreement (“Documents”) shall be and shall remain the property of the District for all purposes, not only as they relate or may relate to the Services but as they relate or may relate to any other project. Contractor will provide the District with a complete set of 5 Packet Page 126
Documents, and will retain, on the District's behalf, the originals or reproducible copies of all Documents, however stored, in the Contractor’s files for a period of no less than fifteen (15) years. Contractor shall promptly make available to District any original documents it has retained under this Agreement upon request by the District.

18. Assignment/Successors and Assigns. Contractor shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations under this Agreement without the prior written consent of District. Subject to the foregoing, this Agreement shall be binding on the heirs, executors, administrators, successors, and assigns of the respective Parties.

19. Severability. If any provision of this Agreement shall be held invalid or unenforceable by a court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement.

20. Amendments. The terms of this Agreement shall not be waived, altered, modified, supplemented or amended in any manner whatsoever except by written agreement signed by both Parties.

21. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, excluding its choice of law rules. Any action or proceeding seeking any relief under or with respect to this Agreement shall be brought solely in the Superior Court of the State of California for the County of Monterey, subject to transfer of venue under applicable State law, provided that nothing in this Agreement shall constitute a waiver of immunity to suit by the District.

22. Written Notice. Written notice shall be deemed to have been duly served if delivered by personal service, regular mail, overnight mail with proof of delivery, facsimile with proof of transmission, or email provided receipt is acknowledged at the address, fax number, or email address located next to the Party signatures below, or if delivered at or sent by registered or certified mail to the last business address known to the person who sends the notice.

23. Compliance with Law. Each and every provision of law and clause required by law to be inserted into this Agreement shall be deemed to be inserted herein and this Agreement shall be read and enforced as though it were included therein. Contractor shall comply with all applicable federal, state, and local laws, rules, regulations and ordinances, including but not limited to fingerprinting under Education Code section 45125.1, confidentiality of records, Education Code section 49406 and others. Contractor agrees that it shall comply with all legal requirements for the performance of duties under this Agreement and that failure to do so shall constitute material breach.

24. Non-Discrimination. There shall be no unlawful discrimination in the contracting of persons under this Agreement because of race, color, national origin, age, ancestry, religion, sex, or sexual orientation of such persons. Contractor and Contractor Parties shall comply with all state and federal laws regarding non-discrimination.
6 Packet Page 127

25. Attorney Fees. If any legal action is taken to enforce the terms of this Agreement, the prevailing Party shall be entitled to recover reasonable attorneys’ fees and other reasonable costs and expenses incurred in connection with that legal action.

26. Liability of District. Notwithstanding anything stated herein to the contrary, District shall not be liable for any special, consequential, indirect or incidental damages, including but not limited to lost profits in connection with this Agreement.

27. Time. Time is of the essence to this Agreement.

28. Waiver. No delay or omission by District in exercising any right under this Agreement shall operate as a waiver of that or any other right and no single or partial exercise of any right shall preclude the District from any or further exercise of any right or remedy.

29. Entire Agreement. This Agreement is intended by the Parties as the final expression of their agreement with respect to such terms as are included herein and as the complete and exclusive statement of its terms and may not be contradicted by evidence of any prior agreement or of a contemporaneous oral agreement, nor explained or supplemented by evidence of consistent additional terms.

30. Ambiguity. The Parties to this Agreement, and each of them, hereby represent that the language contained herein is to be construed as jointly proposed and jointly accepted, and in the event of any subsequent determination of ambiguity, all Parties shall be treated as equally responsible for such ambiguity.

31. Execution of Other Documents. The Parties to this Agreement shall cooperate fully in the execution of any and all other documents and in the completion of any additional actions that may be necessary or appropriate to give full force and effect to the terms and intent of this Agreement.

32. Execution in Counterparts. This Agreement may be executed in counterparts such that the signatures may appear on separate signature pages. A copy, facsimile, or an original, with all signatures appended together, shall be deemed a fully executed Agreement.

33. Warranty of Authority. The persons who have signed this Agreement warrant that they are legally authorized to do so on behalf of the respective Parties, and by their signatures to bind the respective Parties to this Agreement.
[Signatures follow on next page]
7 Packet Page 128
DISTRICT:

MONTEREY PENINSULA

UNIFIED SCHOOL DISTRICT
CONTRACTOR:
__City of Seaside__,
By:

Name: Ryan Altemeyer
Title: Associate Superintendent/CBO
Date:

By:

Name:

Title:

Date:

Address for District Notices: Address for Contractor Notices:
700 Pacific Street
Monterey, CA 93942
Fax: Fax:

Email: ________________________ Email: ______________________________ Attn: Business Services Attn:
8 Packet Page 129

ATTACHMENT A
Proposal/Scope of Work
[to be attached]
9 Packet Page 130
Attachment EXHIBIT A
This Exhibit sets forth the policies, protocols, and procedures under which the Monterey Peninsula School District and Program Partners will interact. It outlines shared objectives, roles, and responsibilities to foster a safe, effective, and compliant after school program. The scope of this Exhibit includes, but is not limited to:
● Ensuring ELO program compliance with CDE and Federal Grants mandates ● Enhancing educational opportunities through community collaboration ● Ensuring the protection of student and staff welfare
● Aligning community activities with district values and regulatory requirements

1. Attendance Policy All participants in programs facilitated by an ELO program partner must comply with MPUSD’s ELO attendance protocol.

1.1. Upon arrival after school, students are required to check into the ELO program (time and date stamp) using the District’s attendance software system- ProCare.

1.2. Upon departure from the ELO program, students are checked out via the ProCare attendance system by an authorized adult (e.g., a parent, guardian, or designated ELO program representative)

1.2.1. An authorized adult must provide a valid signature (or an approved digital equivalent through ProCare) upon check out each day.

1.3. Timely records of attendance, including absences and early releases from the ELO program, will be maintained.

1.3.1. Parent Pick-Up Policy: A regularly updated list of authorized pick-up persons will be maintained at the school campus, and all pick-ups must follow the check-out process. When releasing a student, staff must verify the identity of the parent or authorized guardian using pre-established procedures. A secure, designated pick-up area should be utilized, and any alternative pick-up arrangements or delays must be pre-approved by the site lead. In emergencies or unforeseen circumstances, specific protocols—such as emergency contact procedures and temporary supervised holding areas— need to be established to ensure children's safety.

1.3.2. Early Release procedure: The ELO program runs each day school is in session from school dismissal until 6:00pm. Any student checked out before 5:30 is considered “Early Release” and requires the guardian to indicate the reason for the Early Release with one of the following approved Early Release Codes (ERC):

1. Other On-Campus Activity (Athletics, Clubs, Tutoring, etc.)

2. Family Needs/Emergency
10 Packet Page 131

3. Appointment (Medical, Dental, Counseling, etc.)

4. Child Injury/Accident

5. Student Walking (Daylight Savings)/Transportation Issues

6. Off-Campus Activity (Girl Scouts, Tutoring, Athletics, etc.)

1.3.3. The ER Code must be provided at the time of student pick up by the authorized adult

1.3.4. Students who are regularly picked up early (more than 2 times a week or 8 times a month) must complete an Early Release form with a parent/ guardian signature to be kept on file at the school site.

2. Records Keeping The School District requires meticulous maintenance of all attendance, incident, and related records generated by our community partner programs.

These records, including but not limited to sign-in/out logs and incident reports, behavior reports, etc. must be stored securely in compliance with district data protection policies and federal FERPA regulations. Access to these records is restricted to authorized personnel only. Regular audits will be conducted by the Program Director or Manager to verify that records are complete, accurate, and secure. Community Partners are responsible for training their personnel on proper record-keeping procedures and ensuring that all documentation meets the established standards.

3. Auditing and Reporting:

3.1. The School District reserves the right to audit program activities and records related to the engagement with Community Partners.

3.2. Any discrepancies or issues discovered during audits shall be promptly addressed and corrected. Reoccurring discrepancies and records incorrectly kept may result in delay of payments and processing invoices, and potentially termination of contract services.

4. Nutritional Services

4.1. Nutritional snacks and meals are provided as part of the School district ELO program and follow California State nutritional guidelines.

4.1.1. Snack and meals (when applicable) must be offered daily to each student

4.1.2. When applicable, snack orders must be sent to the ELO district office at least two weeks before they are needed to ensure the order can be filled.

Snack orders must be reviewed and approved by ELO administrative staff.

4.1.3. Accurate records of snacks and meals distributed must be kept each day and recorded as part of the attendance record.
11 Packet Page 132

ATTACHMENT B
Fingerprinting Notice and Acknowledgment
(Non-Construction Contracts)

FINGERPRINTING NOTICE AND ACKNOWLEDGEMENT

FOR CONTRACTS OTHER THAN CONSTRUCTION CONTRACTS
(Education Code Section 45125.1)
Other than business entities performing construction, reconstruction, rehabilitation, or repair who have complied with Education Code section 45125.2, business entities entering into contracts with the District must comply with Education Code sections 45125.1. Such entities are responsible for ensuring full compliance with the law and should therefore review all applicable statutes and regulations. The following information is provided simply to assist such entities with compliance with the law:

1. You (as a business entity) shall ensure that each of your employees who interacts with pupils outside of the immediate supervision and control of the pupil’s parent or guardian or a school employee has a valid criminal records summary as described in Education Code section 44237. (Education Code §45125.1(a).) You shall do the same for any other employees as directed by the District. (Education Code §45125.1(c).) When you perform the criminal background check, you shall immediately provide any subsequent arrest and conviction information it receives to the District pursuant to the subsequent arrest service. (Education Code §45125.1(a).)

2. You shall not permit an employee to interact with pupils until the Department of Justice has ascertained that the employee has not been convicted of a felony as defined in Education Code section 45122.1. (Education Code §45125.1(e).) See the lists of violent and serious felonies in Attachment B-1 to this Notice.

3. Prior to performing any work or services under your contract with the District, and prior to being present on District property or being within the vicinity of District pupils, you shall certify in writing to the District under the penalty of perjury that neither the employer nor any of its employees who are required to submit fingerprints, and who may interact with pupils, have been convicted of a felony as defined in Education Code section 45122.1, and that you are in full compliance with Education Code section 45125.1. (Education Code §45125.1(f).) For this certification, you shall use the form in Attachment B-2 to this Notice.

4. If you are providing the above services in an emergency or exceptional situation, you are not required to comply with Education Code section 45125.1, above. An “emergency or exceptional” situation is one in which pupil health or safety is endangered or when repairs are needed to make a facility safe and habitable. The District shall determine whether an emergency or exceptional situation exists. 12 Packet Page 133
(Education Code §45125.1(b).)

5. If you are an individual operating as a sole proprietor of a business entity, you are considered an employee of that entity for purposes of Education Code section 45125.1, and the District shall prepare and submit your fingerprints to the Department of Justice as described in Education Code section 45125.1(a). (Education Code §45125.1(h).)
I, as _________________ [“owner” or officer title] of __City of Seaside__ [business entity] , have read the foregoing and agree that _City of Seaside__ [business entity] will comply with the requirements of Education Code §45125.1 as applicable, including submission of the certificate mentioned above.

Dated: ________________________
Name: ________________________
Signature: _____________________
Title: _________________________
• Not Applicable
13 Packet Page 134
ATTACHMENT B-1
Violent and Serious Felonies
Under Education Code sections 45122.1 and 45125.1, no employee of a contractor or subcontractor who has been convicted of or has criminal proceedings pending for a violent or serious felony may come into contact with any student. A violent felony is any felony listed in subdivision (c) of Section 667.5 of the Penal Code. Those felonies are presently defined as:
(1) Murder or voluntary manslaughter.
(2) Mayhem.
(3) Rape as defined in paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of subdivision (a) of Section 262.
(4) Sodomy as defined in subdivision (c) or (d) of Section 286. (5) Oral copulation as defined in subdivision (c) or (d) of Section 288a. (6) Lewd or lascivious act as defined in subdivision (a) or (b) of Section 288. (7) Any felony punishable by death or imprisonment in the state prison for life. (8) Any felony in which the defendant inflicts great bodily injury on any person other than an accomplice which has been charged and proved as provided for in Section 12022.7, 12022.8, or 12022.9 on or after July 1, 1977, or as specified prior to July 1, 1977, in Sections 213, 264, and 461, or any felony in which the defendant uses a firearm which use has been charged and proved as provided in subdivision (a) of Section 12022.3, or Section 12022.5 or 12022.55.
(9) Any robbery.
(10) Arson, in violation of subdivision (a) or (b) of Section 451. (11) Sexual penetration as defined in subdivision (a) or (j) of Section 289. (12) Attempted murder.
(13) A violation of Section 18745, 18750, or 18755.
(14) Kidnapping.
(15) Assault with the intent to commit a specified felony, in violation of Section 220. (16) Continuous sexual abuse of a child, in violation of Section 288.5. (17) Carjacking, as defined in subdivision (a) of Section 215. (18) Rape, spousal rape, or sexual penetration, in concert, in violation of Section 264.1. (19) Extortion, as defined in Section 518, which would constitute a felony violation of Section 186.22 of the Penal Code.
(20) Threats to victims or witnesses, as defined in Section 136.1, which would constitute a felony violation of Section 186.22 of the Penal Code.
(21) Any burglary of the first degree, as defined in subdivision (a) of Section 460, wherein it is charged and proved that another person, other than an accomplice, was present in the residence during the commission of the burglary.
(22) Any violation of Section 12022.53.
(23) A violation of subdivision (b) or (c) of Section 11418.

A serious felony is any felony listed in subdivision (c) Section 1192.7 of the Penal Code. Those felonies are presently defined as:
14 Packet Page 135
(1) Murder or voluntary manslaughter; (2) Mayhem; (3) Rape; (4) Sodomy by force, violence, duress, menace, threat of great bodily injury, or fear of immediate and unlawful bodily injury on the victim or another person; (5) Oral copulation by force, violence, duress, menace, threat of great bodily injury, or fear of immediate and unlawful bodily injury on the victim or another person; (6) Lewd or lascivious act on a child under the age of 14 years; (7) Any felony punishable by death or imprisonment in the state prison for life; (8) Any felony in which the defendant personally inflicts great bodily injury on any person, other than an accomplice, or any felony in which the defendant personally uses a firearm; (9) Attempted murder; (10) Assault with intent to commit rape, or robbery; (11) Assault with a deadly weapon or instrument on a peace officer; (12) Assault by a life prisoner on a non-inmate; (13) Assault with a deadly weapon by an inmate; (14) Arson; (15) Exploding a destructive device or any explosive with intent to injure; (16) Exploding a destructive device or any explosive causing bodily injury, great bodily injury, or mayhem; (17) Exploding a destructive device or any explosive with intent to murder; (18) Any burglary of the first degree; (19) Robbery or bank robbery; (20) Kidnapping; (21) Holding of a hostage by a person confined in a state prison; (22) Attempt to commit a felony punishable by death or imprisonment in the state prison for life; (23) Any felony in which the defendant personally used a dangerous or deadly weapon; (24) Selling, furnishing, administering, giving, or offering to sell, furnish, administer, or give to a minor any heroin, cocaine, phencyclidine (PCP), or any methamphetamine-related drug, as described in paragraph (2) of subdivision (d) of Section 11055 of the Health and Safety Code, or any of the precursors of methamphetamines, as described in subparagraph (A) of paragraph (1) of subdivision (f) of Section 11055 or subdivision (a) of Section 11100 of the Health and Safety Code; (25) Any violation of subdivision (a) of Section 289 where the act is accomplished against the victim’s will by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person; (26) Grand theft involving a firearm; (27)carjacking; (28) any felony offense, which would also constitute a felony violation of Section 186.22; (29) assault with the intent to commit mayhem, rape, sodomy, or oral copulation, in violation of Section 220; (30) throwing acid or flammable substances, in violation of Section 244; (31) assault with a deadly weapon, firearm, machine gun, assault weapon, or semiautomatic firearm or assault on a peace officer or firefighter, in violation of Section 245; (32) assault with a deadly weapon against a public transit employee, custodial officer, or school employee, in violation of Sections 245.2, 245.3, or 245.5; (33) discharge of a firearm at an inhabited dwelling, vehicle, or aircraft, in violation of Section 246; (34) commission of rape or sexual penetration in concert with another person, in violation of Section 264.1; (35) continuous sexual abuse of a child, in violation of Section 288.5; (36) shooting from a vehicle, in violation of subdivision (c) or (d) of Section 26100; (37) intimidation of victims or witnesses, in violation of Section 136.1; (38) criminal threats, in violation of Section 422; (39) any attempt to commit a crime listed in this subdivision other than an assault; (40) any violation of Section 12022.53; (41) a violation of subdivision (b) or (c) of Section 11418; and (42) any conspiracy to commit an offense described in this subdivision. 15 Packet Page 136
ATTACHMENT B-2
Form for Certification of Lack of Felony Convictions
Note: This form must be submitted by the owner, or an officer, of the contracting entity before it may commence any work or services, and before it may be present on District property or be within the vicinity of District pupils.

Entity Name: ___City of Seaside______
Date of Entity’s Contract with District: ___August 2025 - June 2026____________________ Scope of Entity’s Contract with District: ___providing after school programing______________ I, ________________ [insert name] , am the _________________ [“owner” or officer title] for _________________________ [name of business entity] (“Entity”), which entered a contract on __August 6_, 2025__, with the District for __Afterschool services_____.

I certify that (1) neither the Entity, nor any of its employees who are required to submit fingerprints and who may interact with pupils, have been convicted of a felony as defined in Education Code section 45122.1; and (2) the Entity is in full compliance with Education Code section 45125.1, including but not limited to each employee who will interact with a pupil outside of the immediate supervision and control of the pupil’s parent or guardian having a valid criminal background check as described in Education Code section 44237.

I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.

Date: ____________, 20__ Signature: _____________________________ Typed Name: __________________________
Title: ________________________________
Entity: ___City of Seaside__
• Not Applicable
16 Packet Page 137
RESOLUTION NO. 25-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

APPROVING THE CONTRACT BETWEEN THE CITY AND MONTEREY

PENINSULA UNIFIED SCHOOL DISTRICT
WHEREAS, City provides youth development, academic enrichment, and recreation activities and programs for the benefit of the students at the Dual Language Academy of the Monterey Peninsula (DLAMP); and
WHEREAS, City shall provide after-school Recreational Programs to DLAMP youth, and MPUSD will pay for the cost of $100.00 per participant enrolled per month; and WHEREAS, the City desires to provide structured programs to DLAMP students who may otherwise not be able to attend such programs and services; and WHEREAS, MPUSD desires that City provides after school recreational programs and services for students of DLAMP and City is willing to provide such Recreational Programs pursuant to the terms and conditions of this Agreement; and WHEREAS, the City and MPUSD agree that it is mutually beneficial to enter into this Agreement in order to support the students of DLAMP.

NOW THEREFORE, BE IT RESOLVED, in accordance with the City’s policies and the Agreement with the City and MPUSD enter into this agreement.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 15th day of May 2025 by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:
______________________________
Ian N. Oglesby, Mayor
ATTEST:
___________________________
Dominique L. Davis, City Clerk
Packet Page 138
Meeting Date: 01/16/25
Item #: X.X.

RESOLUTION NO. 25-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

ADOPT A RESOLUTION APPROVING THE PURCHASE OF PLAYGROUND

EQUIPMENT FOR THE YOUTH PLAY AREA OF LINCOLN CUNNINGHAM PARK FROM S.P.E.C PLAY (SPECIFIED PLAY EQUIPMENT COMPANY) FOR AN AMOUNT NOT TO EXCEED $326,835.66
WHEREAS, On January 30th, 2023 the City Council adopted a resolution authorizing a professional services agreement with Whitson Engineers to prepare concept plans for Lincoln Cunningham and Havana Soliz Parks; and,
WHEREAS, On June 1st 2023, the City Council authorized an amendment for the concept plan by Whitson Engineers for Lincoln Cunningham and Havana Soliz Parks for additional community outreach events in the amount of $18,600; and,
WHEREAS, November 2nd, 2023 the City Council approved a resolution adopting the Lincoln Cunningham and Havana Soliz Park Conceptual Master Plan; and, WHEREAS, the Lincoln Cunningham Park Basketball Court Improvements Project was adopted in the fiscal year 2022/2023 annual budget; and, WHEREAS, the Lincoln Cunningham Park Phase 1 - Arterial Trail Project was adopted in the fiscal year 2023/2024 Capital Improvement Program (CIP) annual budget to begin implementation of the concept plans for Lincoln Cunningham and Havana Soliz Parks; and, WHEREAS, July 10th, 2024 bids were received for the Lincoln Cunningham Park (Phase 1 - Arterial Trail Project) and the low bid was substantially lower than the engineers estimate and available budget; and,
WHEREAS, July 25th, 2024 the City Council adopted a resolution approving the plans and specifications for Lincoln Cunningham Park Phase 1 - Arterial Trail Project and awarding a construction agreement to Monterey Peninsula Engineering (MPE); and, WHEREAS, November 7th, 2024 the City Council adopted a resolution amending the Lincoln Cunningham Design Contract adding additional design scope; and, WHEREAS, November 21st, 2024, Council appropriated $160,000.00 of NIC money toward Lincoln Cunningham Park playground equipment; and, WHEREAS, Staff identified funding from project surplus’s in various current CIP projects and Transportation Agency Monterey County funds; and,
WHEREAS, January 16th, 2025 The council approved additional scope of work for the Lincoln Cunningham Park (Phase 1 Arterial trail project); and, Packet Page 139
Meeting Date: 01/16/25
Item #: X.X.

WHEREAS, Pursuant to preliminary review of the activities associated with this Council action in accordance with Section 15061 of the California Environmental Quality Act (CEQA) Guidelines, this project is Categorically Exempt (Class 1, Section 15301 Existing Facilities). The project includes the repair & replacement of playground equipment, repair and minor alteration of bicycle and pedestrian paths to meet, to the extent possible, current standards of the Americans with Disabilities Act (public health and safety standards).

NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Seaside adopt a resolution approving the purchase of playground equipment for the youth play area of Lincoln Cunningham Park from S.P.E.C Play (Specified Play Equipment Company) for an amount not to exceed $326,835.66; and
BE IT FURTHER RESOLVED, that the City of Seaside City Council directs the finance director to make all transfers and budget adjustments including, but not limited to, transfers of project surplus’s funding from Bike Safe Grate fund balance (account number 212-8930-9600) and Street Sign Upgrades fund balance (account number 212-8960-9600) as necessary to cover the costs of the additional scope of work; and,
BE IT FURTHER RESOLVED, that the City Council of the City of Seaside directs the City Manager to execute and approve any amendments, extensions, and change orders until completion of the project in accordance with the master plan.

PASSED AND ADOPTED at a regular City Council meeting of the City of Seaside duly held on the 16th day of January, 2025, by the following vote:

CITY OF SEASIDE

STAFF REPORT
Item No.: 9.A.

TO: City Council
FROM: Greg McDanel, City Manager
BY: Paul Blaha, Deputy Fire Chief
DATE: May 15, 2025
SUBJECT: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEASIDE AMENDING CHAPTER 15.04 BY ADDING SECTION

15.04.190 DESIGNATING FIRE HAZARD SEVERITY ZONES.

THIS PROJECT IS NOT SUBJECT TO THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT PURSUANT TO SECTION
15061(B)(3) OF THE CEQA GUIDELINES (SECOND READINGROLL CALL VOTE)

RECOMMENDATION
Receive public comment and conduct the second reading

BACKGROUND
The State of California, through the California Department of Forestry and Fire Protection (CAL FIRE), is responsible for classifying areas of the state into Fire Hazard Severity Zones (FHSZ) based on scientific data and modeling of fire behavior, fuel loading, weather patterns, and topographic features. These classifications are part of a broader statewide effort to assess and reduce wildfire risk.

Pursuant to Government Code Sections 51175–51189, local jurisdictions are required to identify, adopt, and enforce Moderate, High, and Very High Fire Hazard Severity Zones (VHFHSZ) within Local Responsibility Areas (LRA). These designations are used to implement defensible space regulations, apply fire-resistant building standards (California Building Code Chapter 7A), and guide community wildfire mitigation strategies.

CAL FIRE recently completed an update to the FHSZ maps for LRAs, which includes the City of Seaside. The updated map designates areas within the city as Moderate, High, Packet Page 141

Item No. 9.A. Page 2 of 2
or Very High fire hazard zones. These updated designations reflect the latest data and modeling and will serve as the foundation for future fire prevention policies and enforcement.

The City of Seaside held a duly noticed public meeting on April 24, 2025, to present the updated FHSZ map, solicit public input, and consider its implications for public safety and future development. The adoption of the updated map enhances public safety by:
• Identifying areas of elevated fire risk
• Providing a basis for applying Chapter 7A of the California Building Code to new development in Very High and High FHSZs
• Supporting community wildfire preparedness, response, and education efforts • Enabling coordination with CAL FIRE and other agencies on defensible space and mitigation enforcement
The adoption of the updated FHSZ map is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), the “common sense exemption.” The map adoption itself does not authorize or require any specific development activity, nor does it have the potential to cause a significant effect on the environment.

FISCAL IMPACT
There is no direct fiscal impact associated with the adoption of the FHSZ maps.

However, future development and permitting processes within designated zones may require additional compliance measures, which would be funded through existing permitting and inspection fee structures.

ATTACHMENTS

1. CAL FIRE - OSFM - Transmittal Letter LRA FHSZ - Phase 3 - 3.4.25

2. FHSZ_City_LRA_11x17_Seaside (1) (1)

3. Fire Hazard Ordinance

4. LRA-Legislation-Factsheet---Flipbook-combined (1)
Reviewed for Submission to the City Council by:

____________________________________
Greg McDanel, City Manager
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STATE OF CALIFORNIA NATURAL RESOURCES AGENCY Gavin Newsom, Governor “The Department of Forestry and Fire Protection serves and safeguards the people and protects the property and resources of California.”

DEPARTMENT OF FORESTRY AND FIRE PROTECTION

OFFICE OF THE STATE FIRE MARSHAL
P.O. Box 944246
SACRAMENTO, CA 94244-2460
(916) 568-3800
Website: www.fire.ca.gov
March 10, 2025
Dear: County Chief Administrative Officer, City Manager, Fire Chief, Fire Marshal Re: Official Transmittal of Fire Hazard Severity Zones
The State Fire Marshal is mandated by Government Code (GC) 51178 to identify levels of fire hazard based on consistent statewide criteria and the expected severity of fire hazards.

Government Code 51179 requires the State Fire Marshal to make recommendations of fire hazard severity zones to local agencies, as defined per GC 51177(e), for their designation and adoption by ordinance. This letter serves as the official transmittal of the recommendation. For the Statutory requirements for local adoption please review California Code, GOV 51179.

Your City/County has been identified as having Moderate, High, Very High or a combination of Fire Hazard Severity Zones (FHSZ) within your jurisdiction. The maps and data are available in the FHSZ HUB at https://fire-hazard-severity-zones-rollout-calfire-forestry.hub.arcgis.com/ .

Please complete the Public Contact Survey in the FHSZ HUB using the link above. This information will be used for a public Webmap on the CAL FIRE-Office of State Fire Marshal website to guide your constituents to the appropriate contact person or website for the Local Responsibility Area FHSZ in your jurisdiction.

If you have additional questions, please feel free to contact our Team at [email protected].

Sincerely,
Daniel Berlant
State Fire Marshal
CAL FIRE – Office of the State Fire Marshal
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City and County boundaries as of 10/22/24 (CA Board of Equalization) CAL FIRE State Responsibility Areas (SRA25_1)
CAL FIRE Fire Hazard Severity Zones (FHSZSRA23_3, FHSZLRA_25_1) Data Sources:

Daniel Berlant, State Fire Marshal, CA Department of Forestry and Fire Protection Joe Tyler, Director/Fire Chief, CA Department of Forestry and Fire Protection Wade Crowfoot, Secretary for Natural Resources, CA Natural Resources Agency The State of California and the Department of Forestry and Fire Gavin Newsom, Governor, State of California Protection make no representations or warranties regarding the accuracy of data or maps. Neither the State nor the Department shall be liable under any circumstances for any direct, special, incidental, or consequential damages with respect to any claim by any user or third party on account of, or arising from, the use of data or maps. and other relevant factors including areas where winds
have been identified by the Office of the State Fire Marshal as a major cause of wildfire spread.
statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas. Moderate, high, and very high fire hazard severity zones shall be based on fuel loading, slope, fire weather, Government Code section 51178 requires the State Fire
Marshal to identify areas in the state as moderate, high, and very high fire hazard severity zones based on consistent Waterbody
Federal Responsibility
Area (FRA)
Unzoned LRA
Incorporated City
Projection: NAD 83 California Teale Albers
Scale: 1:29,000 at 11" x 17"
Km 0 1 2
Mi 0 1
Very High High Moderate
Fire Hazard Severity Zones (FHSZ) in Local Responsibility Area (LRA), as Identified by the State Fire Marshal
Seaside
218
1 UNINCORPORATED
MONTEREY CO.

DEL REY OAKS
MARINA

MONTEREY

SAND CITY
M O N T E R E Y C O . March 10, 2025
As Identified by the
State Fire Marshal
Local Responsibility Area
Fire Hazard Severity Zones
CITY OF SEASIDE – MONTEREY COUNTY
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Meeting Date: 05/01/25
Item #: X.X.

ORDINANCE NO. XXXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEASIDE, CALIFORNIA, AMENDING CHAPTER 15.04 BY ADDING SECTION 15.04.190

DESIGNATING THE FIRE HAZARD SEVERITY ZONES FOR LOCAL

RESPONSIBILITY AREAS (LRA) AS RECOMMENDED BY THE CALIFORNIA

DEPARTMENT OF FORESTRY AND FIRE PROTECTION (CAL FIRE)
WHEREAS, the State of California, through the California Department of Forestry and Fire Protection (CAL FIRE), is responsible for classifying areas of the state into Fire Hazard Severity Zones (FHSZ) based on scientific data and modeling of fire behavior, fuel, weather, and topography; and
WHEREAS, Government Code Section 51179 requires “A local agency shall designate, by ordinance, moderate, high, and very high fire hazard severity zones in its jurisdiction within 120 days of receiving recommendations from the State Fire Marshal pursuant to Section 51178; and
WHEREAS, CAL FIRE completed and transmitted updated recommendations from the State Fire Marshal identifying moderate, high and very high fire severity zones on an update to the Fire Hazard Severity Zone Map on or about March 10, 2025; and WHEREAS, adoption of the updated FHSZ map enhances public safety by providing the basis for implementing defensible space regulations, fire-resistant building standards (California Building Code Chapter 7A), and community wildfire preparedness efforts (collectively, Chapter 49 of the Fire Code); and WHEREAS, the City of Seaside posted the information publicly about the new FHSZ on April 1, 2025, on April 17, 2025 made a presentation at a duly noticed public meeting and held a community workshop on April 24, 2025 and on May 1, 2025 held a public hearing allowing for public input and consideration of the FHSZ map and its implications; and
WHEREAS, the adoption of the FHSZ map is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), the “common sense exemption,” as the ordinance itself does not have the potential to cause a significant effect on the environment.

NOW, THEREFORE, THE CITY OF SEASIDE, CALIFORNIA, DOES ORDAIN AS FOLLOWS:

SECTION 1. Seaside Municipal Code Chapter Section 15.04.190 amended in whole to read as follows:

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“The City hereby adopts moderate, high, and very high fire hazard severity zones as depicted on the map from the State Fire Marshall dated March 10, 2025 for the land within the local responsibility area of the City of Seaside.” SECTION 2. The City Council hereby adopts the updated Fire Hazard Severity Zones (FHSZ) map for Local Responsibility Areas (LRA) within the City of Seaside, as prepared and finalized by CAL FIRE in 2024, which classifies certain areas of the city as Moderate, High, or Very High fire hazard severity zones.

SECTION 3. The City Manager or designee is hereby directed within thirty (30) days to transmit a copy of this ordinance and a map to the Board of Forestry and Fire Protection. The City Manager or his designee is further authorized and directed to take all necessary steps to implement the provisions of this Ordinance and incorporate the adopted FHSZ map into applicable City programs, regulations, and development review procedures.

SECTION 4. This Ordinance is exempt from CEQA under the common sense exemption set forth in Section 15061(b)(3) of the CEQA Guidelines.

SECTION 5. This Ordinance shall take effect thirty (30) days after its final passage and shall be published in accordance with applicable law.

SECTION 6. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause, or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional.

INTRODUCED at a regular meeting of the City Council of the City of Seaside, Seaside, State of California, held on the 1st day of May 2025.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside duly held on the 1st day of May 2025, by the following vote:

AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
APPROVED:
_______________________________
Ian N. Oglesby, Mayor
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ATTEST:
______________________________
Dominique L. Davis, City Clerk
APPROVED TO FORM:
______________________________
Sheri L. Damon, City Attorney
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FHSZ Frequently Asked Questions
What do Fire Hazard Severity Zones measure?
The Fire Hazard Severity Zone map reflects “hazard,” not “risk”. The map is like flood zone maps, where lands are described in terms of the probability level of a par琀椀cular area being inundated by floodwaters, and not specifically prescrip琀椀ve of impacts. “Hazard” is based on the physical condi琀椀ons that create a likelihood and expected fire behavior over a 30 to 50-year period without considering mi琀椀ga琀椀on measures such as home hardening, recent wildfire, or fuel reduc琀椀on efforts.
“Risk” is the poten琀椀al damage a fire can do to the area under exis琀椀ng condi琀椀ons, accoun琀椀ng for any modifica琀椀ons such as fuel reduc琀椀on projects, defensible space, and igni琀椀on resistant building construc琀椀on.

What is a Fire Hazard Severity Zone or FHSZ?
Public Resource Code 4202; The State Fire Marshal shall classify lands within State Responsibility Areas into Fire Hazard Severity Zones. Each zone shall embrace rela琀椀vely homogeneous lands and shall be based on fuel loading, slope, fire weather, and other relevant factors present, including areas where winds have been iden琀椀fied by the department as a major cause of wildfire spread.

Government Code 51178; The State Fire Marshal shall iden琀椀fy areas in the state as Moderate, High, and Very High Fire Hazard Severity Zones based on consistent statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas. Moderate, High, and Very High Fire Hazard Severity Zones shall be based on fuel loading, slope, fire weather, and other relevant factors including areas where winds have been iden琀椀fied by the Office of the State Fire Marshal as a major cause of wildfire spread.

Will the new Fire Hazard Severity Zones affect my ability to get or maintain insurance? Insurance companies use risk models, which differ from hazard models, because they consider the suscep琀椀bility of a structure to damage from fire and other short-term factors that are not included in hazard modeling. It is unlikely that insurance risk models would u琀椀lize CAL FIRE Fire Hazard Severity Zones as a factor, but much of the same data that is used in the Fire Hazard Severity Zone model are likely included in the insurance companies’ risk models. However, insurance risk models incorporate many addi琀椀onal factors and that change more frequently than those that CAL FIRE includes in its hazard mapping, which is built to remain steady for the next 10+ years.

General
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FHSZ Frequently Asked Questions
When were the maps last updated?
In 2007, CAL FIRE updated the FHSZs for the en琀椀re State Responsibility Area (SRA). Between 2008- 2011 the department worked with local governments to make recommenda琀椀ons of the Very High Fire Hazard Severity Zones within Local Responsibility Area (LRA).

Why are fire hazard severity maps being updated?
The hazard maps are being updated to more accurately reflect the zones in California that are suscep琀椀ble to wildfire. The hazard mapping process will incorporate new science in local climate data and improved fire assessment modeling in determining hazard ra琀椀ngs.

Where do Fire Hazard Severity Zones apply?
Fire Hazard Severity Zones are found in areas where the state has financial responsibility for wildfire protec琀椀on and preven琀椀on, called the State Responsibility Area. More than 31 million acres are in this area. Under Senate Bill 63 (Stern, 2021) Government Code 51178 was amended to also iden琀椀fy the Moderate and High Fire Hazard Severity Zones with the Very High in Local Responsibility Area (LRA).

What are the uses of Fire Hazard Severity Zones?
The zones are used for several purposes including to designate areas where California’s defensible space standards and wildland urban interface building codes are required. They can be a factor in real estate disclosure, and local governments may consider them in their general plan.

What are the key elements of the Fire Hazard Severity Zone model? The fire hazard severity model for wildland fire has two key elements: probability of an area burning and expected fire behavior under extreme fuel and weather condi琀椀ons. The zones reflect areas that have similar burn probabili琀椀es and fire behavior characteris琀椀cs. The factors considered in determining fire hazard within wildland areas are fire history, flame length, terrain, local weather, and poten琀椀al fuel over a 50-year period. Outside of wildlands, the model considers factors that might lead to buildings being threatened, including terrain, weather, urban vegeta琀椀on cover, blowing embers, proximity to wildland, fire history, and fire hazard in nearby wildlands.

FHSZs are not a structure loss model, as key informa琀椀on regarding structure igni琀椀on (such as roof type, etc.) is not included.

General
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FHSZ Frequently Asked Questions
How do the Fire Hazard Severity Zone Maps differ from California Public U琀椀li琀椀es Commission (CPUC) High Fire Threat District Maps?
The California Public U琀椀li琀椀es Commission (CPUC) sponsored map, known as "CPUC High Fire Threat District Map” (HFTD), includes similar factors as those in the FHSZ maps, however the CPUC HFTD Map is designed specifically for iden琀椀fying areas where there is an increased risk for u琀椀lity associated wildfires. As such, the CPUC map includes fire hazards associated with historical powerline-caused wildfires, current fuel condi琀椀ons, and scores areas based on where fires start, as opposed to where poten琀椀al fires may cause impacts.

Why is my property in a different zone than the adjacent area, which looks similar? In wildland areas, zone edges are a result of the way zones are delineated. Specifically, zones represent areas of similar slope and fuel poten琀椀al. Zone boundaries divide zones based on geographic and vegeta琀椀on features that align with fire hazard poten琀椀al; although, at a local scale, it may appear that the immediate area is similar on both sides of the edge. The class value within a zone is based on the average hazard score across the whole zone, so areas that are in the same zone but not immediately adjacent to a local area can have an influence on the final zone classifica琀椀on. Classifica琀椀on outside of wildland areas is based on the fire hazard of the adjacent wildland and the probability of flames and embers threatening buildings.

How are Fire Hazard Severity Zones determined?
CAL FIRE used the best available science and data to develop, and field test a model that served as the basis of zone assignments. The model evaluated the probability of the area burning and poten琀椀al fire behavior in the area. Many factors were included such as fire history, vegeta琀椀on, flame length, blowing embers, proximity to wildland, terrain, and weather.

What new data will be included in the new model, and how does this differ from the previous model?
A 2 km grid of climate data covering the years 2003-2018 is being used in the update. The previous model used stock weather inputs across the state to calculate wildland fire intensity scores. The updated model will adjust fire intensity scores based on the most extreme fire weather at a given loca琀椀on, considering temperature, humidity, and wind speed. In addi琀椀on, ember transport is being modeled based on local distribu琀椀ons of observed wind speed and direc琀椀on values instead of using a generic buffer distance for urban areas adjacent to wildlands.

General
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FHSZ Frequently Asked Questions
How can I search the Fire Hazard Severity Zone of a property? You can search by address to find your current designa琀椀on on the web at: osfm.fire.ca.gov/FHSZ Why does the model place an emphasis on the spread of embers? Embers spread wildfire because they can travel long distances in the wind and ignite vegeta琀椀on, roofs, a琀cs (by ge琀ng into vents), and decks.

Why do waterbodies have a Fire Hazard Severity Zone Classifica琀椀on? All areas in State Responsibility Area, including water bodies, require a Fire Hazard Severity Zone designa琀椀on. The 2007 FHSZ maps zoned all water as Moderate by default. In the 2023 FHSZ model we added a buffer of FHSZ from the surrounding wildland into water bodies to account for poten琀椀al threat of embers to buildings on docks and house boats, as well as varia琀椀on in reservoir height that occurs with drought.

How does CAL FIRE assist Local Governments in Fire Hazard Severity Zones? CAL FIRE’s Land Use Planning Program is a specialized unit that provides support to local governments by providing fire safety exper琀椀se on the State’s wildland urban interface building codes, wildfire safety codes, as well as helping in the development of the safety elements in general plans.

General
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FHSZ Frequently Asked Questions
What is State Responsibility Area or SRA?
SRA is a legal term defining the area where the state has financial responsibility for wildland fire protec琀椀on and preven琀椀on. Incorporated ci琀椀es and federal ownership are not included. Within the SRA, CAL FIRE is responsible for fire preven琀椀on and suppression. There are more than 31 million acres in SRA, with an es琀椀mated 1.7 million people and 800,000 exis琀椀ng homes.

How is State Responsibility Area determined?
The Board of Forestry and Fire Protec琀椀on (Board) classifies land as State Responsibility Area. The legal defini琀椀on of SRA is found in the Public Resources Code Sec琀椀on 4125. The Board has developed detailed procedures to classify lands as State Responsibility Area. Lands are removed from SRA when they become incorporated by a city, change in ownership to the federal government, become more densely populated, or are converted to intensive agriculture that minimizes the risk of wildfire. While some lands are removed from SRA automa琀椀cally, the Board typically reviews changes every five years.

What Fire Hazard Severity Zones are in State Responsibility Area? All of the State Responsibility Area is in a Fire Hazard Severity Zone. Lands are either ranked as Moderate, High or Very High Fire Hazard Severity Zones.

What are the wildland urban interface (WUI) building codes in State Responsibility Area? The WUI building codes (California Building Code (CBC) Chapter 7A) reduce the risk of embers fanned by wind-blown wildfires from igni琀椀ng buildings. The codes for roofing, siding, decking, windows, and vents apply throughout all State Responsibility Area regardless of the fire hazard severity ranking. Ember-resistant building materials can be found at:
h琀琀ps://osfm.fire.ca.gov/divisions/fire-engineering-and-inves琀椀ga琀椀ons/building-materials-lis琀椀ng/ State Responsibility Area
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FHSZ Frequently Asked Questions
What is the difference between the various Fire Hazard Severity Zones? Classifica琀椀on of a wildland zone as Moderate, High or Very High Fire Hazard is based on the average hazard across the area included in the zone, which have a minimum size of 200 acres. In wildlands, hazard is a func琀椀on of modeled flame length under the worst condi琀椀ons and annual burn probability. Both these factors generally increase with increasing hazard level, but there may be instances where one value is Very High and the other is low, pushing the overall hazard into a more intermediate ranking. On average, both modeled flame length and burn probability increase by roughly 40-60% between hazard classes.

Is the GIS data for Fire Hazard Severity Zones available for download? The data inputs used to develop the Fire Hazard Severity Zones are iden琀椀fied in the Ini琀椀al Statement of Reasons (ISOR) Title 19 Development (ca.gov). CAL FIRE has developed an addi琀椀onal data package which consists of sequen琀椀al modeling steps, including any data inputs that were not already publicly available and referenced in the ISOR. The data package encompasses 34 spa琀椀al datasets and 8 tables, provided in raster, polygon, and table format. These datasets are forma琀琀ed for Esri ArcGIS so昀琀ware, except for four tables provided in Excel. Ten of the datasets are updated versions used to produce an edited SRA FHSZ map following the public comment period that ended April 4, 2023. Upon formal adop琀椀on of the FHSZ map, the final SRA FHSZ geospa琀椀al data file will become available. The data package is available on the FHSZ website Fire Hazard Severity Zones (ca.gov) under the science and methods banner.

State Responsibility Area
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FHSZ Frequently Asked Questions
What is Local Responsibility Area or LRA?
Local Responsibility Areas (LRA) are incorporated ci琀椀es, urban regions, agriculture lands, and por琀椀ons of the desert where the local government is responsible for wildfire protec琀椀on. This is typically provided by city fire departments, fire protec琀椀on districts, coun琀椀es, and by CAL FIRE under contract.

When did Fire Hazard Severity Zones begin in Local Responsibility Area? Assembly Bill 337 (Bates, 1992) prompted by the devasta琀椀ng Oakland Hills Fire of 1991, calls for CAL FIRE to evaluate fire hazard severity in Local Responsibility Area and to make a recommenda琀椀on to the local jurisdic琀椀on where Very High FHSZ exist. Government Code 51175 then provides direc琀椀on for the local jurisdic琀椀on to take appropriate ac琀椀on.

How are Fire Hazard Severity Zones determined in Local Responsibility Areas? CAL FIRE uses an extension of the State Responsibility Area Fire Hazard Severity Zone model as the basis for evalua琀椀ng fire hazard in Local Responsibility Area. The Local Responsibility Area hazard ra琀椀ng reflects flame and ember intrusion from adjacent wildlands and from flammable vegeta琀椀on in the urban area.

What are the requirements for landowners in Fire Hazard Severity Zones in Local Responsibility Areas?
California’s WUI building codes (CBC Chapter 7A) apply to the design and construc琀椀on of new buildings located in High and Very High FHSZs in Local Responsibility Areas. Local ordinances may require igni琀椀on resistant construc琀椀on for remodel projects. Check with your local building department to determine which igni琀椀on resistant building codes apply to your project. In addi琀椀on, Government Code Sec琀椀on 51182 calls for defensible space clearance and other wildland fire safety prac琀椀ces for buildings. Owners are also required to make a natural hazard disclosure as part of a real estate transfer. For informa琀椀on regarding home hardening and defensible space clearance, visit www.readyforwildfire.org.

Does the designa琀椀on of Very High Fire Hazard Severity Zones in the Local Responsibility Area trigger the 100-foot clearance requirement?
Yes, per Government Code 51182 unless a local government has passed a more stringent requirement, the 100-foot defensible space clearance applies. For informa琀椀on regarding home hardening and defensible space clearance, visit www.readyforwildfire.org.

Local Responsibility Area
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FHSZ Frequently Asked Questions
Why is my property in a different zone than the adjacent area, which looks similar? In non-wildland areas, zone edges occur based on distance to the wildland edge. Because hazard in these areas is largely determined by incoming embers from adjacent wildland, urban areas that are similar in vegeta琀椀on type and housing density may have a change in FHSZ class as the distance to the wildland edge increases. Areas immediately adjacent to wildland receive the same FHSZ score as that wildland where fire originates, and the model then produces lower scores as the distance to wildland edge increases.

What is the process for developing Fire Hazard Severity Zones in the Local Responsibility Area? CAL FIRE uses the same modeling data that is used to map the State Responsibility Area. The map, along with a model ordinance, are then sent to the governing body for adop琀椀on.

How are the new Fire Hazard Severity Zones impac琀椀ng development? Many of the changes expanding Fire Hazard Severity Zones in Local Responsibility Areas have been supported by the building industry. CAL FIRE works closely with the building industry when se琀ng various building codes and defensible space requirements, so we are working together to not affect development itself but to make sure development matches the hazards of that area.

When will the Local Responsibility Area Map be released? The Local Responsibility Area map process will happen a昀琀er the State Responsibility Area process has been completed, which is es琀椀mated to occur in winter of 2025.

Why haven’t Moderate and High Fire Hazard Severity Zone classes been classified before in the Local Responsibility Area?
New legisla琀椀on, Senate Bill 63 (Stern, 2021), now requires the adop琀椀on of all three Fire Hazard Severity Zone classes in the Local Responsibility Area. Previously only Very High Fire Hazard Severity Zones were required for adop琀椀on in Local Responsibility Areas.

Local Responsibility Area
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LRA Legislation Factsheet
Assembly Bill No.337
An act to add Chapter 6.8 (commencing with Section 51175) to Part 1 of Division 1 of Title 5 of the Government Code, and to amend Section 13108.5 of the Health and Safety Code, relating to fire protection.
[Enrolled, January 28, 1991]
AB 337, Bates. Very high fire hazard severity zones.
(1) Under existing law, the State Board of Forestry is required to classify all lands within the state, in accordance with prescribed criteria, for the purpose of determining areas in which the financial responsibility of preventing and suppressing fires is primarily the responsibility of the state.

This bill would declare that the prevention of fires is not a municipal affair but is instead, a matter of statewide concern, and would make a finding and declaration of the Legislature that its provisions apply to all local agencies, including, but not limited to, charter cities, charter counties, and charter cities and counties. The bill would prohibit that finding from limiting the authority of a local agency, as defined, from imposing more restrictive fire and panic safety requirements, as otherwise authorized by law.

The bill would state that it is not the intent of the Legislature to limit or restrict the authority of a local agency to impose more restrictive fire and panic safety requirements, as otherwise authorized by law.

This bill would require the Director of Forestry and Fire Protection to identify areas in the state as very high fire hazard severity zones within all counties pursuant to a prescribed schedule. The bill would require local agencies, as defined, to designate, by ordinance, very high fire hazard severity zones in their jurisdiction after receiving recommendations from the director, except as prescribed. The bill would authorize local agencies to include or exclude areas following certain findings and would require changes made by local agencies to be final and not rebuttable by the director. By requiring local agencies to designate very high fire hazard severity zones within their jurisdictions, this bill would impose a state-mandated local program. The bill would require the State Fire Marshal to prepare and adopt a model ordinance that provides for the establishment of any high fire hazard security zones.

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LRA Legislation Factsheet
Assembly Bill No.337 (Continued)
(2) Under existing law, any person who owns, leases, controls, operates, or maintains any building or structure in, upon, or adjoining any mountainous area or forest-covered lands, brush-covered lands, or grass-covered lands, or any land that is covered with flammable material, is required to undertake specified fire protection measures, including the maintenance of specified firebreaks.

The bill would enact requirements of this nature for any person who owns, leases, controls, operates, or maintains, any occupied dwelling or occupied structure in, upon, or adjoining any mountainous area, forest-covered land, brush-covered land, grass-covered land, or land covered with flammable material, which area or land is within a very high fire hazard severity zone, as described in (1).

The bill would authorize local agencies to exempt certain structures and would exempt certain land or water areas.

The bill would make violation of these requirements an infraction or misdemeanor, as specified, thereby imposing a state-mandated local program by creating a new crime, and would specify related matters.

This bill would require local agencies to notify owners of property of violation and would authorize local agencies to correct the conditions and make a lien upon the property, as prescribed. By creating these requirements, this bill would impose a state-mandated local program.

The bill would permit a violation of these requirements to be considered a public nuisance, as specified.
(3) Existing law requires the State Fire Marshal to adopt, amend, and repeal regulations for roof coverings and openings into the attic areas of buildings in those fire hazard severity zones in state responsibility lands as designated by the director. Existing law requires the director to classify lands within state responsibility areas into fire hazard severity zones.

This bill would instead require the State Fire Marshal to propose, and would require the State Building Standards Commission to adopt, amend, and repeal those regulations. The bill would also require the State Fire Marshal to propose, and would require the State Building Standards Commission to adopt, amend, and repeal, those regulations for buildings in very high fire hazard severity zones in state responsibility lands, designated by the director, and in very high fire hazard severity zones as described in (1). The bill would require roofs on all new buildings and certain existing buildings in both of those zones to be at least a class B roof that complies with Standard 32-7 of the Uniform Building Code, as adopted in the California Building Standards Code. The bill would impose requirements on installers and roofing materials and make other related changes. The bill would exempt historic buildings, as defined, from these provisions.

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LRA Legislation Factsheet
Senate Bill No.63
CHAPTER 382
An act to amend Sections 51177, 51178, 51178.5, 51182, and 51189 of the Government Code, to amend Section 13108.5 of the Health and Safety Code, and to amend Sections 4124.5 and 4291 of, and to add and repeal Sections 4123.8, 4291.5, and 4291.6 of, the Public Resources Code, relating to fire prevention.
[Approved by Governor September 28, 2021. Filed with Secretary of State September 28, 2021.] SB 63, Stern. Fire prevention: vegetation management: public education: grants: defensible space:
fire hazard severity zones.
(1) Existing law requires the Director of Forestry and Fire Protection to identify areas of the state as very high fire hazard severity zones based on specified criteria. Existing law requires a local agency, within 30 days after receiving a transmittal from the director that identifies very high fire hazard severity zones, to make the information available for public review, as provided.

This bill, among other things, would also require the director to identify areas of the state as moderate and high fire hazard severity zones. The bill would modify the factors the director is required to use to identify areas into fire hazard severity zones, as provided. The bill would require a local agency to make this information available for public review and comment, as provided. By expanding the responsibility of a local agency, the bill would impose a statemandated local program.

This bill would also make conforming changes.
(2) Existing law requires a person who owns, leases, controls, operates, or maintains an occupied dwelling or structure in, upon, or adjoining a mountainous area, forest-covered land, brushcovered land, grass-covered land, or land that is covered with flammable material that is within a very high fire hazard severity zone, as designated by a local agency, or a building or structure in, upon, or adjoining those areas or lands within a state responsibility area, to maintain a defensible space of 100 feet from each side and from the front and rear of the structure, as specified. Existing law authorizes a greater distance than specified above on the specified land in a very high fire hazard severity zone. Existing law specifies that clearance beyond the property line may only be required if state law, local ordinance, rule, or regulation includes certain findings and specifies that clearance on adjacent property shall only be conducted following written consent by the adjacent landowner.

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LRA Legislation Factsheet
Amended by Senate Bill No.63
Government Code 51178
The State Fire Marshal shall identify areas in the state as moderate, high, and very high fire hazard severity zones based on consistent statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas. Moderate, high, and very high fire hazard severity zones shall be based on fuel loading, slope, fire weather, and other relevant factors including areas where winds have been identified by the Office of the State Fire Marshal as a major cause of wildfire spread.
(Amended by Stats. 2021, Ch. 382, Sec. 2.5. (SB 63) Effective January 1, 2022.) Government Code 51178.5
Within 30 days after receiving a transmittal from the State Fire Marshal that identifies fire hazard severity zones pursuant to Section 51178, a local agency shall make the information available for public review and comment. The information shall be presented in a format that is understandable and accessible to the general public, including, but not limited to, maps. (Amended by Stats. 2021, Ch. 382, Sec. 3.5. (SB 63) Effective January 1, 2022.) Packet Page 162
LRA Legislation Factsheet
Assembly Bill No. 211
CHAPTER 574
An act to amend Sections 11891, 11893, 12581, 12996, 12998, 12999.4, and 12999.5 of, and to add Sections 12999.6 and 13001 to, the Food and Agricultural Code, to amend Section 51179 of the Government Code, to amend Sections 44274.10, 44274.11, 44274.12, 44274.13, and 44274.14 of the Health and Safety Code, to amend Sections 3113, 4799.05, 14503.5.1, 14538, 14549.2, 14581, 42052, and 42060 of, to add Sections 14537.5, 14548, 14555, and 21166.3 to, to add Part 5 (commencing with Section 75250) to Division 44 of, and to repeal Section 75250.1 of, the Public Resources Code, to amend Section 43152.6 of, and to amend and repeal Section 43152.10 of, the Revenue and Taxation Code, to amend Section 13198 of the Water Code, to amend the Budget Act of 2021 (Chapters 21, 69, and 240 of the Statutes of 2021) by amending Item 8570-002-0001 of Section

2.00 of that act, and to amend the Budget Act of 2021 (Chapter 44 of the Statutes of 2022) by amending Items 3540-101-0001 of Section 2.00 of that act, relating to public resources, and making an appropriation therefor, to take effect immediately, bill related to the budget. [Approved by Governor September 27, 2022. Filed with Secretary of State September 27, 2022.] AB 211, Committee on Budget. Public resources trailer bill. (2) Existing law requires the State Fire Marshal to identify areas of the state as moderate, high, and very high fire hazard severity zones based on specified criteria. Existing law requires a local agency to designate, by ordinance, very high fire hazard severity zones in its jurisdiction within 120 days of receiving recommendations from the State Fire Marshal. Existing law authorizes a local agency, at its discretion, to include areas within the jurisdiction of the local agency, not identified as very high fire hazard severity zones by the State Fire Marshal, as very high fire hazard severity zones following a finding supported by substantial evidence, as provided.

This bill would additionally require a local agency to designate, by ordinance, moderate and high fire hazard severity zones within 120 days of receiving recommendations from the State Fire Marshal. By expanding the responsibility of a local agency, the bill would impose a statemandated local program. The bill would additionally authorize a local agency, at its discretion, to include areas within the jurisdiction of the local agency, not identified as moderate and high fire hazard severity zones by the State Fire Marshal, as moderate and high fire hazard severity zones, respectively. The bill would prohibit the local agency from decreasing the level of fire hazard severity zone as identified by the State Fire Marshal for any area within the jurisdiction of the local agency, as provided.

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LRA Legislation Factsheet
Amended by Assembly Bill No. 211
Government Code 51179
(a) A local agency shall designate, by ordinance, moderate, high, and very high fire hazard severity zones in its jurisdiction within 120 days of receiving recommendations from the State Fire Marshal pursuant to Section 51178.
(b) (1) A local agency may, at its discretion, include areas within the jurisdiction of the local agency, not identified as very high fire hazard severity zones by the State Fire Marshal, as very high fire hazard severity zones following a finding supported by substantial evidence in the record that the requirements of Section 51182 are necessary for effective fire protection within the area.
(2) A local agency may, at its discretion, include areas within the jurisdiction of the local agency, not identified as moderate and high fire hazard severity zones by the State Fire Marshal, as moderate and high fire hazard severity zones, respectively. (3) A local agency shall not decrease the level of fire hazard severity zone as identified by the State Fire Marshal for any area within the jurisdiction of the local agency, and, in exercising its discretion pursuant to paragraph (2), may only increase the level of fire hazard severity zone as identified by the State Fire Marshal for any area within the jurisdiction of the local agency.
(c) The local agency shall transmit a copy of an ordinance adopted pursuant to subdivision (a) to the State Board of Forestry and Fire Protection within 30 days of adoption. (d) Changes made by a local agency to the recommendations made by the State Fire Marshal shall be final and shall not be rebuttable by the State Fire Marshal. (e) The State Fire Marshal shall prepare and adopt a model ordinance that provides for the establishment of very high fire hazard severity zones.

(f) Any ordinance adopted by a local agency pursuant to this section that substantially conforms to the model ordinance of the State Fire Marshal shall be presumed to be in compliance with the requirements of this section.
(g) A local agency shall post a notice at the office of the county recorder, county assessor, and county planning agency identifying the location of the map provided by the State Fire Marshal pursuant to Section 51178. If the agency amends the map, pursuant to subdivision (b) or (c) of this section, the notice shall instead identify the location of the amended map. (Amended by Stats. 2022, Ch. 574, Sec. 10. (AB 211) Effective September 27, 2022.) Packet Page 164
LRA Legislation Factsheet
Increasing Fire Hazard Severity Zone (FHSZ)
Area and Designation
Government Code section 51179 requires a local agency to designate, by ordinance, moderate, high, and very high FHSZ within 120 days of receiving the identified FHSZ’s from the State Fire Marshal pursuant to Section 51178.

The law does not allow for a local jurisdiction to request changes or provide comments to the State Fire Marshal on the FHSZ designations. However, a local agency may choose to increase the designation of a FHSZ from the FHSZ identified by the State Fire Marshal, or designate areas as having a FHSZ that were not designated in a FHSZ by the State Fire Marshal. This may occur because FHSZ zone edges in the maps and data from the State Fire Marshal are not aligned with parcel boundaries or roads that some may consider for lines of convenance when adopting ordinances. A local agency is not allowed to reduce the designation of a FHSZ classification from the State Fire Marshal (i.e. a local agency cannot make an area designated as High by the State Fire Marshal, Moderate in its adopted ordinance).

However, a local jurisdiction can increase the designation from the one identified by the State Fire Marshal. If a local agency decides to increase the designation of a FHSZ, it may do so if it does the following:

1. If increasing the designation to Very High, a local agency must make a finding supported by substantial evidence in the record that the requirements of Government Code section 51182 are necessary for effective fire protection.

2. If increasing the designation to Moderate or High, a local agency may do this at its discretion.

If a local agency decides to include areas in its FHSZ adopted ordinance not identified as being in a FHSZ by the State Fire Marshal, it may include those areas if it does the following:

1. If including areas not identified as being in a FHSZ and designating it as Very High, a local agency must make a finding supported by substantial evidence in the record that the requirements of Government Code section 51182 are necessary for effective fire protection.

2. If including areas not identified as being in a FHSZ and designating it as Moderate or High, a local agency may do this at its discretion.

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LRA Legislation Factsheet
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CITY OF SEASIDE

STAFF REPORT
Item No.: 9.B.

TO: City Council
FROM: Greg McDanel, City Manager
BY: Jessica Riley, Finance Director
DATE: May 15, 2025
SUBJECT: AN ORDINANCE AMENDING CHAPTER 3.24 SECTION 121 OF

THE MUNICIPAL CODE TO MODIFY PROCEDURES FOR

ALLOCATING TRANSIENT OCCUPANCY TAX COLLECTED FROM
SHORT-TERM RENTALS. THIS PROJECT IS NOT SUBJECT TO

THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT
TO SECTION 15061(B)(3) OF THE CEQA GUIDELINES (SECOND

READING - ROLL CALL VOTE)

RECOMMENDATION
Receive public comment and conduct the second reading.

BACKGROUND
Background and Purpose
In 2018, the City Council adopted Ordinance No. 1053, which established a regulatory framework for short-term rentals (STRs) in the City. This ordinance responded to the growing prevalence of privately-owned residential dwellings being used as STRs through platforms such as Airbnb and VRBO. The Council recognized that while STRs expand lodging options and generate increased transient occupancy tax (TOT) revenue, they also present potential challenges, including impacts on affordable housing and neighborhood character. The ordinance aimed to ensure neighborhood compatibility, support economic growth, and protect the health, safety, and welfare of residents by establishing licensing, operational standards, and enforcement mechanisms for STRs.

Establishment of Dedicated Funding for Community Benefits Following the adoption of the STR program, the City Council enacted Ordinance No. 1054, directing that TOT revenues generated by STRs be accounted for in a separate fund. The ordinance required that these revenues be split evenly, with fifty percent Packet Page 168

Item No. 9.B. Page 2 of 3
reserved for affordable housing projects and fifty percent reserved for neighborhood park improvement projects. The Neighborhood Improvement Commission was tasked with making recommendations to the City Council regarding the use of these funds, ensuring that STR-generated revenues directly benefited the community in tangible ways.

Amendment to Allocation Structure
In 2020, the Council adopted Ordinance No. 1084, amending Chapter 3.24.121 of the Municipal Code. This amendment authorized that up to ten percent of STR-generated TOT revenues could be used to cover the costs of administering the STR program. The net remaining funds continued to be split evenly between affordable housing projects and community/neighborhood park improvements, with recommendations from the Neighborhood Improvement Commission. This adjustment ensured that the program was financially sustainable while maintaining the City's commitment to reinvest STR revenues in community priorities.

Growth in Short-Term Rental Revenues
Since the inception of the STR program, the City has experienced significant growth in TOT revenues from STRs. Revenues increased from $376,000 in fiscal year 2019-2020 to $1.1 million in fiscal year 2023-2024. This growth reflects both increased participation in the STR market and effective program administration, resulting in a substantial and growing funding source for affordable housing and neighborhood improvements.

Proposed Modification to Fund Allocation
Given the sustained growth in STR-generated TOT revenues and evolving community needs, the City Council now seeks to modify the allocation of net funds. The proposed change would reserve fifteen percent of net STR TOT revenues for discretionary use by the City Council, with the remaining funds subject to allocation recommendations by the Neighborhood Improvement Commission. This adjustment is intended to provide the Council with greater flexibility to address emerging priorities while continuing to support affordable housing and neighborhood parks improvements.

Conclusion
The proposed modification to the allocation of STR-generated TOT revenues builds on the City's established framework for regulating STRs and reinvesting associated revenues in community priorities. By reserving a portion of net revenues for discretionary use, the City Council aims to enhance its ability to respond to changing community needs while maintaining its commitment to affordable housing and neighborhood improvements. The continued involvement of the Neighborhood Improvement Commission ensures that community input remains central to the allocation of these important resources.

FISCAL IMPACT
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Item No. 9.B. Page 3 of 3
The allocation of short-term rental tax revenues has a direct impact on the City’s budgeting and resource distribution. The continued funding of the Neighborhood Improvement Fund and Affordable Housing Fund ensures that key community projects and affordable housing initiatives are adequately supported. The funds used for capital improvements, neighborhood enhancements, and affordable housing programs help maintain and improve the City’s infrastructure and affordable housing opportunities, contributing to long-term fiscal stability.

STRATEGIC PRIORITY

ATTACHMENTS

1. Draft Ordinance Amending Section 3.24.121
Reviewed for Submission to the City Council by:

____________________________________
Greg McDanel, City Manager
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ORDINANCE NO. _______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEASIDE AMENDING CHAPTER 3.24.121 OF THE MUNICIPAL CODE TO MODIFY ALLOCATION OF TRANSIENT OCCUPANCY TAX COLLECTED FROM SHORTTERM RENTALS WHEREAS, the City Council adopted Ordinance No. 1053 in 2018, establishing a short-term rental program; and
WHEREAS, Ordinance No. 1054 was adopted directing that transient occupancy tax revenues generated by the short-term rental program be accounted for in a separate fund, with fifty percent (50%) reserved for affordable housing projects and fifty percent (50%) reserved for neighborhood park improvement projects, with recommendations to the City Council by the Neighborhood Improvement Commission; and WHEREAS, Ordinance No. 1084 was adopted in 2020, amending Chapter

3.24.121 to provide that ten percent (10%) of the transient occupancy tax revenues be used for short-term rental program costs, with the net revenues split fifty percent (50%) for affordable housing projects and fifty percent (50%) for community and neighborhood park improvements, with recommendations by the Neighborhood Improvement Commission; and
WHEREAS, short-term rental revenues have increased since the inception of the program from $376,000 in fiscal year 2019-2020 to $1.1 million in fiscal year 2023-2024; and
WHEREAS, the City Council now desires to modify the allocation of net funds, reserving fifteen percent (15%) of the net revenues to itself for discretionary use, and adjusting the amounts subject to recommendation by the Neighborhood Improvement Commission.

NOW THEREFORE, the City Council of the City of Seaside, State of California does ordain as follows:

SECTION 1. GENERAL PURPOSE AND FINDINGS
The City Council hereby adopts the above recitals as though fully set forth and as the general governmental purpose and exercise of its police power as to the allocation of the short term rental program transient occupancy tax.

SECTION 2. TEXT AMENDMENTS
New amendments to the existing code are shown in underline, while deletions are shown in strike out. Section 3.24.121 shall be amended as follows:

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SECTION 3. ENVIRONMENTAL COMPLIANCE
The proposed changes to the Ordinance will not result in direct or indirect changes to the environment and do not meet the definition of project under CEQA nor have the potential for causing a significant effect on the environment. (14 CCR 15378(b); 15061(b)(3)) SECTION 4. SEVERABILITY
A. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance, including the application of such part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable.

B. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be held unconstitutional, invalid, or unenforceable.

SECTION 5. EFFECTIVE DATE
This Ordinance shall become effective thirty (30) days after its final passage and adoption.

INTRODUCED AND PASSED TO PRINT at a Regular meeting of the City Council of the City of Seaside, State of California, on the 1st day of May, 2025.

PASSED AND ADOPTED at a Regular meeting of the City Council of the City of Seaside, State of California, on the ____ day of ________, 2025, by the following roll call vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

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APPROVED:
________________________________
Ian N. Oglesby, Mayor
ATTEST:
________________________________
Dominique L. Davis, City Clerk
APPROVED AS TO FORM:
________________________________
Sheri L. Damon, City Attorney
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CITY OF SEASIDE

STAFF REPORT
Item No.: 10.A.

TO: City Council
FROM: Greg McDanel, City Manager
BY: Sheri Damon, City Attorney
DATE: May 15, 2025
SUBJECT: APPROVE A REQUEST TO MODIFY THE SCHEDULE OF

PERFORMANCE EXTENDING THE DATE TO CLOSE A HOTEL

CONSTRUCTION LOAN FOR THE GRAND HYATT SEASIDE
RESORT HOTEL TO JULY 31, 2025, THIS ITEM IS EXEMPT FROM CEQA PURSUANT TO 15061(C)(3)

RECOMMENDATION
Consider the request to extend the date to close a Hotel Construction loan to July 31, 2025.

BACKGROUND
Summary of Request
SKDG requests approval to extend the deadline for closing its hotel construction loan to July 31, 2025. The owner has made substantial progress under the established Schedule of Performance for both the hotel and timeshare components of the Seaside Resort development.

Project Background and Progress
• SKDG acquired the hotel parcel (and assumed the golf course lease) in December 2021. Its subsidiary acquired the timeshare parcels in May 2023. • Since the acquisition, the owner has:
o Submitted a Hotel Management Agreement for a Grand Hyatt Seaside Resort Hotel (July 2023).
o Provided schematic design drawings.
o Completed improvements to McClure Way.
o Advanced installation of water and power infrastructure.

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Item No. 10.A. Page 2 of 3
o Removed previously identified trees.
o Completed parking lot and storm drainage basin improvements.

Reason for Extension
Despite these advancements, SKDG has requested two prior extensions for this performance milestone. Several external factors have delayed securing the construction loan, including economic uncertainties, tariffs, and shifting federal policies, which have increased construction costs and complicated financing efforts. Such delays are not uncommon in the hospitality sector, where regulatory and market factors can significantly impact project timelines.

Extension Terms and City Compensation
To address the City’s concerns and incentivize timely completion:
• SKDG has agreed to pay the City $40,000 per month for the duration of the extension.
• If SKDG closes the loan by July 31, 2025, these fees will not be charged. • If the deadline is not met, all accrued fees ($120,000) become due on August 1, 2025, and any further delays will continue to incur the monthly fee.

Given the owner’s demonstrated progress and the external challenges faced, staff recommend approval of the requested extension, subject to the outlined financial terms.

FISCAL IMPACT
None to Positive.

STRATEGIC PRIORITY

ATTACHMENTS

1. Resolution

2. Exhibit A - 2nd Amend to 2nd Amend & Restated May 2025 Reviewed for Submission to the City Council by:

____________________________________
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Item No. 10.A. Page 3 of 3
Greg McDanel, City Manager
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Meeting Date: 5/15/25
Item #: 10A
RESOLUTION NO. 25-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE

AUTHORIZING THE CITY TO ENTER INTO A THIRD AMENDMENT TO THE

SECOND AMENDED AND RESTATED DISPOSITION AND DEVELOPMENT AGREEMENT WHICH MODIFIES ITEM 7 OF THE SCHEDULE OF

PERFORMANCE FOR THE SEASIDE RESORT DEVELOPMENT FOR THE

HOTEL AND TIMESHARE COMPONENTS ADJACENT TO THE BLACK

HORSE AND BAYONENT GOLF COURSE
RECITALS:

WHEREAS, on or about January 17, 2025 SDKG made an oral request to extend the Schedule of Performance regarding obtaining the construction loan and on January 28, 2025, SDKG confirmed in writing its request to extend the date.

WHEREAS, The City negotiated extensions to the timelines to the Performance Schedule by adopting Resolution 20-72 and 21-81 which modified the Performance Schedule based upon the state of emergency and impact on tourism during 2020 and other business reasons in 2021; and
WHEREAS, the City extended the timeline for SDKG to obtain a construction loan from July 12, 2024 to January 31, 2025 by adopting Resolution 24-72; and WHEREAS, since the June 2024 extension and in accordance with the Schedule of Performance, the Developer has continued to expend its own revenues in pursuit of and as a prerequisite of hotel improvements, including, but not limited to constructing improvements to McClure Way, installing water, sewer and power infrastructure, pulling rough grading permits and lodging grading permit fees with the City; and WHEREAS, the City extended the timeline for SDKG to obtain a construction loan from January 31, 2025 to April 30, 2025 by adopting Resolution 25-21; and WHEREAS, since April 30, 2025, SKDG has continued to install water and sewer infrastructure; and
WHEREAS, SDKG has requested an extension through July 31, 2025 due to increased economic uncertainties which has affected the construction prices for building the hotel and therefore the ability to secure appropriate construction financing.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Seaside does hereby finds, determines, resolves, and orders as follows:

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Section 1. The above recitals are true and correct and are a substantive part of this Resolution.

Section 2. The City Council certified a Final Environmental Impact Report for the Project on July 7, 2005, and thereafter, on August 17, 2005, adopted Addendum No. 1, on February 5, 2014, adopted Addendum No. 2, on December 10, 2014, adopted Addendum No. 3, and on December 7, 2017, adopted Addendum No. 4 and on or about October 26, 2022 adopted Addendum No. 5.

The City Council hereby finds that although the extension for the closing of the sale of the hotel/resort land, timeshare land and residential land, as set forth in the Second Amended DDA are within the scope of the Final Environmental Impact Report and Addendum Nos. 1 through 5, and given the Developer’s statement of fact, it can also be seen with certainty that there is no possibility that the activity in question will not have a significant effect on the environment, and therefor modification of the timing of obtaining a construction loan is not subject to CEQA. [State CEQA Guidelines Section 15061(b)(3)]. No review under the California Environmental Quality Act is required in connection with the extension of Item 7 to the performance schedule to the Second Amended DDA.

Section 3. The City Manager is hereby authorized and directed to execute and deliver, for and in the name of the City, the amendment to the Performance Schedule to the Second Amended DDA in substantially such form as attached Exhibit A, with changes therein may be approved in consultation with the City's attorney (such approval to be conclusively evidenced by the execution and delivery thereof).

Section 4. The officers and staff of the City are hereby authorized and directed, jointly and severally, to execute such instruments and do any and all things which they may deem necessary or advisable to effectuate this Resolution and any such actions previously taken by such officers and staff are hereby ratified and confirmed.

Section 5. This Resolution shall take effect immediately upon adoption.

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-3
PASSED AND ADOPTED at a Regular meeting of the City Council of the City of Seaside duly held on the ___th day of May 2025, by the following vote:

Page 1 of 5 ends

SECOND AMENDMENT TO SECOND AMENDED AND RESTATED

DISPOSITION AND DEVELOPMENT AGREEMENT

THIS AMENDMENT TO SECOND AMENDED AND RESTATED DISPOSITION AND DEVELOPMENT AGREEMENT (“Amendment”) is dated as of May 15, 2025 by and among CITY OF SEASIDE, a California municipal corporation (“City”), and SKDG, a Florida limited liability company (“SKDG”).

RECITALS
A. The City and Cypress Seaside are parties to a Second Amended and Restated Disposition and Development Agreement dated as of June 12, 2019 (the “DDA”). Terms described in the DDA shall have the same meaning when used in this Amendment unless otherwise specifically defined in this Amendment.

B. On October 1, 2019, pursuant to the DDA, the Seaside Entities purchased the property from the City. In particular, the City conveyed the Hotel Phase Land to Seaside Hotel Investors.

C. On May 27, 2020, the Seaside Hotel Investors sent a written request for extension due the Covid-19 pandemic and making representations that they were poised to comply with the hotel management agreement and schematic design drawings. The City Council adopted Resolution 20-72 which extended the dates.

D. In 2021, the City modified the Performance Schedule again to accommodate the anticipated sale of the hotel site to SKDG. The City extended the Performance Schedule via Resolution 21-81.

E. SKDG (and its subsidiary, Seaside Peninsula Acquisition Group LLC a Delaware limited liability company) purchased the hotel parcels in late 2021 and its subsidiary acquired the remaining timeshare parcels on or about May 2023 and accordingly is subject to the DDA and its amendments.

F. On or about June 19, 2024, the City approved an extension of Item 7 on the Schedule of Performance for SKDG from July 2024, to January 31, 2025. The City Council adopted Resolution 24-72 which extended the dates.

G. On or about February 6, 2025, the City approved an extension of Item 7 on the Schedule of Performance for SKDG from January 31, 2025 to April 30, 2025. The City Council adopted Resolution 25-21 which extended the dates.

H. SKDG has requested another 90-day extension of time within which to secure construction loan financing to proceed with the hotel resort project. SKDG and its subsidiary, desire to amend the DDA schedule of performance as provided in this Amendment.

NOW THEREFORE, the City and SKDG agree as follows:

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Page 2 of 5 ends

1. The recitals are incorporated into this agreement and are the fundamental basis upon which the City enters this agreement.

2. Modification of Schedule of Performance
a. The deadlines in the Schedule of Performance (DDA Attachment No. 3) for item 7 is amended to extend the date to July 31, 2025. The updated Schedule of Performance is as provided below:

4. Execution of Hotel Management Agreement with a
management company listed on Attachment No. 4 and
consistent with this Restated DDA and delivery of
copy to City (fees and other proprietary provisions
may be redacted)
July 31, 2023* (Satisfied)

5. Schematic Design Drawings for the Hotel, containing
the elements described below, delivered to the City October 31, 2023 (Satisfied)

6. Delivery of final plans and specifications for the
Hotel that are reasonably acceptable to City June 11, 2024* (Satisfied)

7. Closing of Hotel construction loan in amount
sufficient to pay all costs not paid with committed
equity funds, and consistent with the Budget (City not
being obligated to subordinate its right of reversion
unless it provides for City’s repurchase price of
$800,000 to be paid to lender in exchange for
reconveyance of lender’s deed of trust and other
documents/interests)
July 31, 2025*

8. Developer obtains all permits required for Hotel
development/construction (and pays all fees)
September 10, 2024*
(Pending)

9. Material commencement of Hotel improvements September 11, 2024* (Pending)

10. Completion of Hotel July 12, 2026*

11. Issuance of grading or building permits and
commencement of construction of the permitted
improvement on a Residential Parcel. [PC 9(b)]
December 31, 2028 (not
extended by this
Amendment)

12. Issuance of grading or building permits and
commencement of construction of the permitted
improvement on a Timeshare Parcel. [PC 9(b)]
December 31, 2028 (not
extended by this
Amendment)
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Page 3 of 5 ends

b. SKDG agrees that in consideration for the extension of the time in Item 7 of the Schedule of Performance, SKDG will pay to the City on or before the first day of each month beginning August 1, 2025 and continuing until the first to occur of the thirty-six such month or (ii) satisfaction of Item 7 in the Schedule of Performance, SKDG will pay the City $40,000.00 per month.
c. The first three months payments (August 1, 2025-October 31, 2025) will not be due until November 1, 2025 at which time the first three months, plus the November payment will become due. If SKDG successfully satisfies Item 7 in the Schedule of Performance, then the first three monthly payments will not become due and payable. If SKDG does not (i) timely deliver any of the payments described in Section 1(b) of this Amendment, and fails to cure the deficiency within 10 days following notice from the City, or (ii) meet the Hotel deadlines as extended by in Section 3(a) of this Amendment, then the City shall be entitled to exercise its repurchase option described in Section 6.1.2 of the DDA.

3. Ratification. Except as specifically modified in this Amendment, all applicable terms of the DDA remain unmodified and in full force and effect.

4. Execution in Counterparts. This Amendment may be executed in counterparts, each of which, and all of which together, shall constitute one and the same Agreement. [Signatures begin on the next page.]
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Page 4 of 5 ends

IN WITNESS WHEREOF, the Parties hereto have executed this Amendment as of the day and year first written above.

CITY OF SEASIDE
______________________________
Ian N. Oglesby, Mayor
ATTEST:
______________________________
Dominique L. Davis, City Clerk
APPROVED AS TO FORM:
_______________________________
Sheri L. Damon, City Attorney
[Signatures continue on the next page.]
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Page 5 of 5 ends

By: Seaside Peninsula Acquisition Group LLC, a Delaware Limited Liability Company
By:

Kiran C. Patel, Manager
By: Seaside Peninsula Acquisition Manager, LLC, a Delaware Limited Liability Company, its Manager
By:

Kiran C. Patel, Manager
By: SKDG Investments, LLC, a Florida Limited Liability
Company, its Manager
By:

Kiran C. Patel, Manager
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CITY OF SEASIDE

STAFF REPORT
Item No.: 10.B.

TO: City Council
FROM: Greg McDanel, City Manager
BY: Thomas Korman, Public Works Director/City Engineer
Kirstin van Gend, Administrative Analyst II
DATE: May 15, 2025
SUBJECT: ADOPT A RESOLUTION AUTHORIZING FISCAL YEAR 2025-2026

STREET REPAIR PROJECT LIST TO BE FUNDED IN PART WITH
SB1: THE ROAD MAINTENANCE REPAIR AND ACCOUNTABILITY
ACT OF 2017 FUNDS, AND AUTHORIZING STAFF TO SUBMIT TO

THE CALIFORNIA TRANSPORTATION COMMISSION

RECOMMENDATION
Authorize staff to submit a SB 1 Project List to the California Transportation Commission (CTC), and authorize the SB1 Project List to be funded in part with fiscal year (FY) 2025-26 Road Maintenance Repair and Accountability (RMRA) Revenues.

BACKGROUND
Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide.

SB1 places accountability and compliance requirements on jurisdictions in order to exhibit the effectiveness of the program. The City must adopt, by resolution, a list of projects proposed to receive fiscal year funding in part from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1. As part of this year’s project list update, the City is submitting the 2025 Pavement Rehabilitation Project (preconstruction). The project will follow the City's 5 Year Pavement Rehabilitation Policy with 80% of available funds spent on pavement rehabilitation of residential street segments and 20% spent on arterial and collector street segments.

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Item No. 10.B. Page 2 of 2
Staff recommends that the City Council adopt a resolution approving the attached SB1 Project List in order to update the project list with the CTC for continuation of SB1 funding.

ENVIRONMENTAL COMPLIANCE
Per Title 14 of the California Code of Regulations, Chapter 3, “Guidelines for Implementation of California Environmental Quality Act (CEQA),” Article 19, “Categorical Exemptions,” Section 15301.c, “Existing Facilities”, repair, maintenance or minor alterations involving negligible or no expansion of existing or former use of "Existing highway and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety)” are categorically exempt from CEQA (California Environmental Quality Act)."

FISCAL IMPACT
The City of Seaside RMRA revenues generated from SB1 are budgeted to be $858,756.00 in FY 2025-2026. The proposed project list (Attachment 2) will be partially funded from the budgeted RMRA SB1 revenues accounted for in #210-3526 and expended from budgeted amount in the Pavement Resurfacing Account (212-8920- 9600).

STRATEGIC PRIORITY

ATTACHMENTS

1. Resolution

2. SB 1 Project List
Reviewed for Submission to the City Council by:

____________________________________
Greg McDanel, City Manager
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Meeting Date: 5/15/25
Item #: 8.J.

RESOLUTION NO. 25-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE AUTHORIZING FISCAL YEAR 2025/2026 STREET REPAIR PROJECT LIST TO BE FUNDED IN PART WITH SB1: THE ROAD MAINTENANCE REPAIR AND ACCOUNTABILITY ACT OF 2017 FUNDS, AND AUTHORIZING STAFF TO

SUBMIT THE LIST TO THE CALIFORNIA TRANSPORTATION COMMISSION WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide;
WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City of Seaside (City) must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, attached hereto as Exhibit A, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvements; and WHEREAS, the City could receive an estimated $858,756 in RMRA funding in Fiscal Year 2025-2026 from SB 1; and
WHEREAS, this is the ninth year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities, including City Council Meetings, Traffic Advisory Committee Meetings, and Council’s direction to focus on rehabilitating residential roadways and traffic calming measure for city streets; and.

WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the community’s priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate approximately 7-8 street segments throughout the City as part of the 2025 Pavement Rehabilitation Improvements Project; and
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WHEREAS, the 2021 California Statewide Local Streets and Roads Needs Assessment found that the City/County streets and roads are in an “at risk” condition and this revenue will help us improve the overall quality of our road system; and WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Seaside does hereby approve the Fiscal Year 2025-2026 Street Repair Project List (Exhibit A) to be funded in part with SB1: The Road Maintenance Repair and Accountability Act of 2017 funds, to allocate these funds to the Pavement Resurfacing Account (212-8920-9600), and authorize staff to submit the list to the California Transportation Commission.

PASSED AND ADOPTED at a Regular meeting of the City Council of the City of Seaside duly held on the 15th day of May 2025, by the following vote:

AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
APPROVED:
_______________________________
Ian N. Oglesby, Mayor
ATTEST:
______________________________
Dominique L. Davis, City Clerk
APPROVED TO FORM:
______________________________
Sheri L. Damon, City Attorney
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Exhibit A: Senate Bill (SB) 1 Proposed Project List for Fiscal Year 2023-24 S:\CIP\Active Projects\SB1 Projects\CTC Reporting\Project List Updates\FY 25-26 Project List Update\DRAFT_SB1 project-list_25-26.xlsx - SB1 FY22.23 Project List Print 4/29/2025 Title Description
New or Carried Over
Project for SB1
Reporting
Location
Estimated
Project
Completion
Est Useful
Life Min
Est Useful
Life Max
FY25/26 Estimated
SB1 Funding
2025 Pavement Rehabilitation
Improvements Project
Evaluate the road network and determine failed
road sections and design for the best applicable
selected pavement rehabilitation treatment types
as determined during design.(Pre-Construction)
Carried Over Citywide, exact streets to be
determined during design phase August 2026 5 30 858,756.00 Total Estimated Budget: $ 858,756.00
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CITY OF SEASIDE

STAFF REPORT
Item No.: 10.C.

TO: City Council
FROM: Greg McDanel, City Manager
BY: Greg McDanel, City Manager
Dan Meewis, Assistant City Manager
Dominique Davis, City Clerk
DATE: May 15, 2025
SUBJECT: ADOPT A RESOLUTION APPROVING THE 2025-2026

STRATEGIC PLAN

RECOMMENDATION
Recieve the presentation and approve the 2025-2026 Strategic Plan.

BACKGROUND
The City of Seaside’s Strategic Plan serves as the foundational guide for policy direction, resource allocation, and performance accountability. At its core, the Plan reflects the City's shared vision of building a vibrant, inclusive, resilient community.

Following the February 2025 Strategic Planning Session, the City Council and Executive Leadership Team reconvened to review and refine the plan to ensure sharper focus, greater alignment, and more sustainable implementation strategies in light of ongoing challenges and emerging opportunities.

The resulting 2025–2026 Strategic Plan maintains the five high-impact priorities adopted in 2023 and reinforces the City’s mission to serve as a responsive, equitable, and forward-thinking organization.

STRATEGIC PRIORITY FRAMEWORK
The updated Strategic Plan continues to center around five bold priorities:

Effective, Accessible Governance
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Item No. 10.C. Page 2 of 3
Vibrant Local Economy
Diverse & Inclusive Community
Enhanced Physical Infrastructure & Abundant Water Supply Community Safety & Quality of Life
These pillars reflect the values and aspirations of the Seaside community—guiding how the City delivers services, invests in people and places, and plans for a sustainable future. Since the adoption of the streamlined Strategic Plan in 2023, the City has advanced transformative projects and programs under each strategic pillar:

Governance: Implementation of digital tools for agenda management, transparency, and constituent engagement
Economy: Continued development of Campus Town, expanded business outreach, and revitalized partnerships with the Seaside Chamber of Commerce Community: Launch of multilingual communications campaigns and expanded cultural events celebrating Seaside’s diversity
Infrastructure: Completion of major paving and ADA improvement projects; advocacy for long-term water supply solutions
Safety & Quality of Life: Increased investment in community policing, youth outreach, and park activation
At the February 2025 planning retreat, Council and Department Heads conducted a performance review and gap analysis. While the priorities remain relevant and resonant, staff identified opportunities for greater cross-departmental coordination, clearer performance metrics, and stronger partnerships.

ANALYSIS
The 2025–2026 update integrates the following improvements:

Strategic Objectives and Key Results (OKRs): Each department will align work plans with measurable objectives.

Mid-Year Review Process: A formal check-in will ensure responsiveness and transparency in plan execution.

The updated plan is not a departure, but a deepening—a recommitment to working smarter, collaborating better, and dreaming bigger for Seaside.

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Item No. 10.C. Page 3 of 3

ENVIRONMENTAL REVIEW
This action is not a project under the California Environmental Quality Act (CEQA) and is therefore exempt from further environmental review.

FISCAL IMPACT
There is no direct fiscal impact associated with adopting the Strategic Plan. However, it will guide budget development and departmental work plans for Fiscal Year 2025–2026.

STRATEGIC PRIORITY
Effective Accessible Governance

ATTACHMENTS

1. Resolution

2. Exhibit A
Reviewed for Submission to the City Council by:

____________________________________
Greg McDanel, City Manager
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RESOLUTION NO. 25-XX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEASIDE APPROVING THE 2025–2026 STRATEGIC PLAN
WHEREAS, the City of Seaside is committed to delivering high-quality public services that reflect the values, aspirations, and evolving needs of its diverse community; and
WHEREAS, the City Council adopted a streamlined Strategic Plan in 2023 centered on five bold priorities—Effective, Accessible Governance; Vibrant Local Economy; Diverse & Inclusive Community; Enhanced Physical Infrastructure & Abundant Water Supply; and Community Safety & Quality of Life—which continue to guide policy decisions, resource allocation, and performance accountability; and
WHEREAS, in February 2025, the City Council and Executive Leadership Team reconvened to conduct a comprehensive review and refinement of the Strategic Plan, grounded in performance outcomes, community feedback, and emerging opportunities; and
WHEREAS, the resulting 2025–2026 Strategic Plan preserves the original strategic pillars while integrating enhancements to improve implementation, including the introduction of department-level Strategic Objectives and Key Results (OKRs), a formal mid-year review process, and an emphasis on crossdepartmental collaboration; and WHEREAS, the 2025–2026 Strategic Plan reflects the City’s shared vision of building a vibrant, inclusive, and resilient Seaside, and underscores the City’s mission to serve as a responsive, equitable, and forward-thinking organization; and
WHEREAS, this action is not a project under the California Environmental Quality Act (CEQA) and is therefore exempt from further environmental review; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Seaside that:

The City Council hereby adopts the 2025–2026 Strategic Plan as the City’s guiding document for policy development, budget prioritization, and departmental performance management.

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The City Manager is authorized and directed to oversee implementation of the Strategic Plan, including the alignment of departmental work plans with Strategic Objectives and Key Results (OKRs), and to conduct a formal mid-year progress review to ensure transparency and accountability.

City staff shall use the Strategic Plan as the foundation for advancing crosssector partnerships, improving service delivery, and achieving outcomes that benefit the residents, businesses, and stakeholders of Seaside.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Seaside held on the 15th day of May, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
___________________________
Ian N. Oglesby, Mayor
ATTEST:
___________________________
Dominique L. Davis, City Clerk
APPROVED AS TO FORM:
___________________________
Sheri L. Damon, City Attorney
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Exhibit A
The final strategic plan will be published
prior to the meeting.

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Seaside City CouncilMay 15, 2025

Seaside City Council
May 15, 2025